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RECOED S

COLONY OF EIIODE ISLAND

PROVIDENCE PLANTATIONS,

NEW ENGLAND.

PRINTED BY ORDER OF THE LEGISLATURE.

TKANSCRIBED AND EDITED BT

JOHN RUSSELL BARTLETT,

SECRETARY OF STATE.

VOL. I.

1636 TO 1663

PROVIDENCE, R. I.

A. CRAWFORD GREENE AND BROTHER, STATE PRINTERS.

1856.

l)av-

INTRODUCTION

The General Assembly of the State of Rhode Island, at its May
session, A. D. 1855^ passed a resolution authorising the Secretary
of State to transcribe, and cause to be printed, its Colonial Re-
cords ; in accordance with which resolution this volume has
been printed.

The present State of Rhode Island had its origin in four towns,
viz. : Providence, Portsmouth, Newport and Warwick. Provi-
dence colony was first planted by Roger Williams in the year
1636, Portsmouth by other colonists in 1638, Newport in 1629 ;
but of the precise year when the first settlement was made in
Warwick, the records of that town furnish no evidence. It was,
however, during the same period. In the year 1643, the first
three towns were united under a Charter from Charles the First,
A^ obtained by Roger Williams, under the title of the " Incorporation
of Providence Plantations in the Narragansett Bay in New Eng-
land." It was not, however, until the year 1647, that the gov-
T^ ernment was organized under this Charter, at an assembly of dele-
^ gates or commissioners from the four towns named, which met at
Portsmouth in May, of that year. Warwick whose name was not
^^^nbluded in the Charter, was admitted at this time, with the same

t privileges as Providence.

IV, INTRODUCTION.

It is proper here to state, in what the Colonial Records of the
State consist, and from which the present volume has been com-
piled.

The earliest book of records in the archives of the State begins
with the settlement of Portsmouth on the Island of Rhode Island,
in the year 1638. The first portion often or twelve years is con-
tinuous ; the latter quite detached, and extends to the year 1696.
This volume contains the transactions on Aquidneck or Rhode
Island, embracing the history of the first settlements at Portsmouth
and Newport. From 1638 to the present time, the records are
complete in various volumes of the colony proceedings. In this
volume are also copies of the deeds of lands from the Indians as
originally recorded, as well as conveyances from the early settlers
to each other ; also early lists of the freemen in the Colony. The
narrative or journal of proceedings has been printed at length as
far as it goes in this volume, as well as the lists of freemen, and
the deeds of land from the Indians ; but all other land evidences
have been omitted.

The records of Portsmouth commenced in this manuscript vol-
ume, were continued in the records of the town. From the
original volume the records of Portsmouth were made complete
down to the organization of the Colonial government in 1647.

A second and very large folio volume of Records commences in
1646, and continues to the year 1669. This embraces the official
journals of the "General Assembly," the "General Court," or
the " Court of Commissioners," as that legislative body is at dif-
ferent times called. These records are in a tolerable state of pre-
servation. There are however, some mutilations, chiefly near the

INTRODUCTION. V.

edges of the leaves, from constant use for two hundred years. This
volume also contams the "Proceedings of the Governor and
Council ;" the records of the " Court of Trials;" some Indian
deeds, and other early land evidences.

A third volume contains the proceedings of the General Assem-
bly from the year 1669 to 1686.

From the year 1686 to 1715, the original journals or " sched-
ules " (as they are usually called), in the archives of the State
were quite imperfect. Those of some sessions were wanting en-
tirely, while others were so defaced as to be scarcely legible. To
make them complete, a resolution vs^as passed by the General As-
sembly in the year 1827, directing a committeCj appointed for the
purpose, consisting of Henry Bowen (then Secretary of State), and
Christopher E. Robbins, to collect the manuscript schedules of the
General Assembly of the period referred to, preserved by the dif-
ferent towns, and make a copy of the same for the State. This
was accordingly done, and a clear and well written volume of five
hundred and forty-four pages, folio, in the handwriting of Henry
Bowen, Esquire, embracing the "acts and resolves" from 1686
to 1715 now exists among the archives. From the latter period
the journals are complete and in excellent condition, in manu-
script or in print, to the present time.

In addition to the journals of legislative proceedings, there are
among the old records of the State the following, viz. : four vol-
umes of land evidences ; an early digest of public laws, entitled,
" Bodye of Lawes of the Colonye of Rhode Island from 1663 to
1705 i" and a volume entitled " The Book of Records, containing
the acts and orders by the Governor and Council, both generall

VI. INTRODUCTION.

and particular since the 1st May, 1667." The records and docu-
ments of the Revolutionary period are complete and in good
condition.

The printed "acts and resolves" of the General Assembly in
the archives of the State commence in 1758, from which period
they are complete to the present time.

In view of the dilapidated condition of the early journals of the
proceedings of the General Assembly and other transactions of the
first colonists, and the frequent use of the same, which would tend
to their entire obliteration, a committee was appointed by the
General Assembly at its October session, 1822, consisting of
Christopher EUery Bobbins and Henry Bull, Esquires, to examine
these records and report the best method of collecting and pre-
serving them. In conformity with their recommendation, Mr.
Charles Gyles, of Newport, was employed to transcribe these re-
cords, which labor he accomplished under the direction of the com-
mittee in a most satisfactory manner. In order to make this copy
as complete as possible, the copies of the proceedings of the Colo-
ny, preserved in the clerks' offices of different towns were used to
fill up any chasms, mutilations or imperfections that might be
found to exist in the State's copy. This transcript was carefully
collated by the committee having the work in charge, with the
originals, and their certificate of its correctness appended. The same
volume contains a transcript from the records of the Supreme Judi-
cial Court of the county of Newport, of proceedings of the commis-
soners under the government of Sir Edmund Andros, in the years
1667 and 1668, which are properly a portion of the Colonial records.

The records of the city of Providence previous to the organiza-

INTRODUCTION. VII.

tion of the government in 1647, are very meagre. It is supposed
they were kept in greater detail and were destroyed in the year
1676, when the town was burned by the Indians, as those that
remain bear the traces of fire and water. To make up for the
want of a reguhir journal of events, such documents as would elu-
cidate the history of the period have been used. These are the
Indian deeds connected with Providence, with a variety of other
documents of a historical nature, or connected with the purchase
of the Indian lands, their transfer from Roger Williams to his as-
sociates, the first allotments of lands to the early settlers, &c., &c.

In selecting the materials for this volume, the Indian deeds of
each of the four towns, and the town records to the year 1647,
have been used. From that period, the official journals of the
proceedings of the General Assembly have been followed to the
close of the volume.

It is proper to state that many letters and documents of a pub-
lic character not found in the archives of the State have been dis-
covered elsewhere and inserted in their proper places. In the
official records, there are frequent references to documents and
letters, written and received, which were not recorded, and which
are found on the files. This hiatus has fortunately been filled by
a reference to the files of the General Court of Massachusetts, and
to the records of that Colony ; also to copies of letters and papers
in the possession of the Rhode Island Historical Society. Some
papers of a public nature connected with our colonial history have
also been found in Hazard's State papers (2 vols. 4to., Philadel-
phia, 1792), and in Hutchinson's History of Massachusetts Bay.
The editor is also indebted to John Carter Brown, Esquire, of
Providence, for the use of a large and valuable collection of man-

VIII. INTRODUCTION.

uscripts relating to New England in general and Rhode Island in
particular. These papers, which fill ten folio volumes, were copied
by the order, and at the expense of Mr. Brown, from the State Pa-
per Office, in London. Among the papers used from this collection,
are the letters of John Clarke, while acting as agent for the Colony
in London, to King Charles the Second, connected with the Char-
ter of 1GG3.

The papers selected from the volumes referred to, are letters
written by the government of Rhode Island to that of Massachu-
setts and Plymouth, as well as letters from those colonies. Other
documents, having a direct bearing upon matters before the As-
' sembly have been added in the way of notes.

A large number of letters and documents both public and pri-
vate, exist in old printed volumes ; in the manuscript collections,
referred to, and among the files of New York, Massachusetts and
Plymouth colonies, which would tend to illustrate the history of
this State ; but they are too voluminous to include in these print-
ed records. Among these are the papers relating to the Gortonian
controversy ; the dispute growing out of the jurisdiction claimed
by Connecticut, Massachusetts and Plymouth ; the Indian wars,
&c. These are quite sufficient for one or more volumes, and it is
to be hoped, that on the completion of the printing of the Col-
onial records, one or more volumes of these valuable papers may
be collected and printed as illustrations to these records.

In transcribing these records for publication, the original or-
thography has been closely followed. To those not familiar with
the quaint language and peculiar spelling of the period to which
these records refer, it would, doubtless, have been more agreeable

INTRODUCTION. IX.

if the work had been modernized ; a system which would have
destroyed its interest historically. Modern spelling would not
have been in character with the style used two hundred years ago ;
and with the same propriety, the quaint language of that period
should be put in the language of our day. It was therefore
thought advisable to adhere to the originals in these respects.
Where the original had been obliterated, words, and in a few
cases, short sentences have been supplied to preserve the connecion ;
these have been enclosed in brackets. The abbreviations, except
y^ for the, and y' for that, have not been followed, as many re-
quired characters expressly cast for them ; besides, these ab-
breviations were not the universal custom of the time, but were
often employed by writers at the end of a line, or to save space.

The records being in the handwriting of different Secretaries,
some of which were evidently not familiar with the pen, and not
well versed in the rules of grammar and punctuation, it has been
found necessary, in a few instances, to make slight corrections, in
order to preserve the sense. In the use of capital letters, no sys-
tem was followed by the writers ; and as these did not alter the
sense, it was deemed best to conform to the modern use of them.

In proper names there is the greatest diversity in spelling ; and
great as it is, it has been followed in printing, for it was not for
the editor to say how a family name should be spelt. After un-
dergoing various changes, these names settled down into the form
in which they now appear. In the index to this volume, the va-
rious names intended for the same individual, are placed together
and referred to as the same ; as Howlden, ITouldon and Holden ;
Jefferyes, Jeoffries and Jeffries ; Almie and Almy ; Esson and
Easton ; Timberleggs and Timberlake ; Wildbore, Wilbore, Wil-

X. INTRODUCTION.

bour and Wilbur, &c., &c. The difference in the spelling of these
names by different persons, was doubtless from their depending
upon the ear.

Notes and connecting paragraphs have, in a few instances, been
added, which are enclosed in brackets. These might have been
extended with advantage to readers unfamiliar with the annals of
the State ; but it was thought best for the reader to rely, as far as
possible on the records themselves, without the addition of extra-
neous matter. These are but the materials for history, and to the
diligent historian, whose duty it is to weave in all he can gather
from other sources, must the public look for a more particular
and better digested history.

The reader should bear in mind, where reference is made to
the 1st, 2d, 3d 4th liionth, &c., that the Old Style, or Julian
method of computing time was in use at the time these records
were made, when the year commenced on the 25th of March,
which was consequently the first month, and February the twelfth.

Great pains have been taken in preparing the Index appended
to this volume, a labor which few will appreciate unless they have
attempted a similar task. This seemed necessary, as in a volume
like the records, it was impossible to prefix any table of contents
or other references to the matter contained in it. It is a work,
too, where many will seek for genalogies or family history. To
render it useful in this respect, every proper name mentioned, is
alluded to in the Index, however frequent its occurrence.

RECORDS

OF THE SETTLEIMENTS AT

PROVIDENCE, PORTSMOUTH, NEWPORT AND

WMWICK,

FROM THEIE COMMENCEMENT TO THEIR UNION UNDER
THE COLONY CHARTER.

1636 TO 1647.

PROVIDENCE RECORDS.

ROGER WILLIAMS AND HIS ASSOCIATES
1636 TO 1647.

1636.

[The earliest records of tlie colonists who accompanied Eoger Williams to
Providence in the jear 163G, exist only in a few detached fragments in the
ofiQce of the Town Clerk of the city of Providence. It is even doubtful whether
any complete record of the proceedings of his party was kept ; yet, it is
evident, from the brief records that do exist, some of which refer to events
not recorded, that there were some other records or memoranda no longer to
be found. Whatever they were, they are supposed to have been destroyed in
the year 1676, when the town was sacked and burned by the Indians.

These memoranda form the first records in this volume. They are followed
by the original deed of sale from the Indians to Eoger Williams ; the trans-
fers by hira to his companions, with documents written by him some years af-
ter, confirmatory of the same ; the compact of the first settlers in the year
1640, and a few other documents connected with the history of Providence.
These present all the materials in the archives of the State relating to the
settlement by Roger Williams and his associates at Providence down to the
year 1647, when the four towns of Providence, Portsmouth, Newport and
Warwick were united. From that period the records form an unbroken his-
tory to the present time. The Gorton controversy which began in the year
1641 is not a matter ofrecord, and being exclusively of a documentary char-
acter, as well as quite voluminous is not included in this volume.]

16 die m Month [June, 1636.]*
M'd. It was agreed by the Towne, that after warning
given to come to the Towne meeting, that whosover be

* In the original, the year is not given, but as it is known, that Eoger Wil-
liams with his five companions were here before July 26, 1636, when he wrote
a letter to Governor Vane, the inference is, that he came a few months ear-
lier, and that this record was made in June, then the fourth month.

In connexion with this subject it seems proper to make the following state-
ment of facts which will tend to fix the time when Eoger Williams and his
associates established themselves in the place which they called Providence, on
which subject there has been some diversity of opinion.

TOWN OF PROVIDENCE. 13

wanting to the meeting above one quarter of an houre 1636.
after the time appointed by him that gave the warning, ^-*'^'^*-'
shall pay the Towne for every such default one shilling
and sixpence,

M'd. It was agreed by the Towne, that a Treasurer
should be appointed for the receiving, and as the Towne
shall appoint, for the expending the Towne's stock.

In the Records of Massacliusctts, September, 3, 1G35 (vol. i. p. ICO), is the
following, which fixes the period of his banishment.

" Whereas Mr. Roger "Williams, one of the elders of the church of Salem,
hath broached and djvulged dyvers newe and dangerous opinions, against the
aucthoritie of magistrates, as also writ letters of defamacion, both of the ma-
gistrates and churches here, and that before any conviction, and yet maine-
taineth the same without retraccion, it is therefore ordered, that the said Mr.
Williams shall departe out of this jurisdiccion within six weekes nowe next
ensueinge, which if he neglect to perforrae, it shall be lawful! for the Governor
and two of the magistrates to send him to some place out of this jurisdiccion,
not to retm-n any more without licence from the Court."

On the 11th January following, according to Wiuthrop (vol. i. p. 175), the
General Court of Massachusetts resolved to send Roger Williams to England,
but the messengers sent to Salem to apprehend him and carry him on board
the ship, found that he had taken his departure three days before their arri-
val. In his own account of his journeys after leaving Salem, he describes it
as being in the winter, and in his letter to Major Mason dated at Providence,
July 22, 1670 (see Massachusetts Hist. Coll. vol. i.), he says :

" I first pitched and began to build and plant at Seekouk, now Rehoboth,
but I received a letter from my ancient friend, Mr. Winslow, then Governor
of Plymouth, professing his own and others' love and respect to me, yet lov-
ingly advising me, since I was fallen into the edge of their bounds, and they
were loth to displease the Bay, to remove to the other side of the water, and
then, he said, I had the country free before me, and might be as free as them-
selves, and we should be loving neighbors together."

Governor Winslow entered upon his official duties in March, 1635-G. This
was the only year he held office between 1633 and 1644. The iufercnce from
these facts is, that Roger Williams left Salem in January, 1636, and that af-
ter being, as he says, " sorely tossed, for fourteen weeks, in a bitter winter
season," between Plymouth and Seekonk, fixed his habitation at the latter
place in the spring, probably in April. Soon after, the warning from Gov-
ernor Winslow induced him to leave, when, with his five associates, he em-
barked in a canoe, and after exchanging salntations with the Indians at Slate
Rock in Seekonk river, they sailed around Fox Point and up Providence river
where they landed in the month of May or early in June.* The first record
bears date the 16th of the 4th month [June, 0. S.] His letter to Governor-
Vane written from Providence, bears date of the 26th of July, 1636.

* staples' Annals of Providence, p. 21.

14 RHODE ISLAND COLONY RECORDS.

1636.

V-*— ^ Md. 13 die Month G [August, 1636.]

It was agreed by the Towne, that if any man be to be
removed as an inhabitant into the Towne ; if his necessity
be such as that without much loss, he who is to be admit-
ted cannot stay for an answer till the month day ; that
then or any other day, there be foure days warning given
to the inhabitants incorporated, for their meeting together
for such a purpose.

August the 20//i.*
We whose names are hereunder, desirous to inhabit in
the town of Providence, do promise to subject ourselves in
active and passive obedience to all such orders or agree-
ments as shall be made for public good of the body in an
orderly way, by the major consent of the present inhab-
itants, masters of families — incorporated together in a
Towne fellowship, and others whom they shall admit unto
them only in civil things.

Richard Scott, Edward Cope,

William Reynolds, •-[- Thomas Angell, +

by his mark. by his mark,

Chad Browne, Thomas Harris, +

John Warner, by his mark,

John Feild, + Francis Weekes, +

by his mark, by his mark,

George Rickard, Benedict Arnold,

Joshua Winsor,
William Wickendon.

* This entry apjiears in the first book of records without date. When
these records were copied, the transcriber added to his copy, the date of Au-
gust 20, 1637, from the inside of the cover of the same book, which is in a
different hand-writing, and probably refers to some other matter. It is sup-
posed that these names constituted a second party of comers ; yet among them
are the names of Thomas Angell and Francis AVickes, who came with Roger
"Williams. Tradition says they were then minors, which was the reason why
their names are not in the original deed of conveyance.; — Staples'' An., p. 39.

TOWN OF PROVIDENCE. 15

1636.

Md. That oji the o die of the 10th month. '^^--.-.^
It was agreed by the Towne, that after warning given
to come to the Towne meeting, whosoever be wanting
from the Towne meeting above one quarter of an houre
after the time appointed by him that gives warning ; the
party delinquent, as not having a sufficient cause of his
absence shall pay to the Towne for every such default
one shilling and sixpence ; as also, he who keeps the
books for that month, is to observe, and take notice who
is wanting, and present his name to the Towne.

Agreement and orders the second year of the ptantation.

It is agreed that William Carpenter, Benedict Arnold,,
ffrancis Weekes, Willia. Reynolds, Thomas Angell, Mrs.
Daniel,* Mary Sweet, should pay, in consideration of
ground at present granted unto them two shillings and
sixpence apiece, also Edward Cope five shillings and
sixpence.

Item. Mr. Cole, ffrancis Weston, Richard Waterman,
should pay for each person one shilling and sixpence, i. e.
for damage in case they do not improve their ground at
present granted to them, viz.: by preparing to fence, to
plant, to build, etc.

Item. That all future comers upon the grant of the
like portion of ground unto them for their home, each
should pay one shilling and sixpence.

28 die Mense 12th, {February, 1637-38.]
It was agreed that two men should be deputed to view
the timber on the common, and that such as have occasion

xilicc Daniell, afterwards the wife of John Greene.

16 RHODE ISLAND COLONY RECORDS.

1637. to use timber, should repair unto them for their advice
^-*~"^*^ and counsel to fell timber fit for their use between the
shares granted and mile end cove.

Item. That from the sea or river in the west end of
the Towaie, into the swamp in the east side of the fields,
that no person shall fell any wood or timber before any
particular man's shares end.

Item. That any timber felled by any person lying on
the ground above one yeare after the felling, shall be at
the Towne's disposing, beginning at the 23d die of the
month above written.

The 21 die of the M Month [May, 1637.]
It was agreed that Joshua Yerin upon the breach of a
covenant for restraining of the libertie of conscience, shall
be withheld from the libertie of voting till he shall declare
the contrarie.*

* This act of the town, disfrauchisiog one of its citizens " for restraining of
the libertie of conscience," is so important, that its history, as given by Gov-
ernor Winthrop, deserves a place here. After speaking of the heresy of a
Mrs. Oliver, who had given the ministers and magistrates of Massachusetts
much trouble, he says :

" At Providence, also, the devil was not idle. For, whereas, at their first
coming thither, Mr. AVilliams and the rest did make an order, that no man
should be molested for his conscience, now men's wifes and children, and ser-
vants claiming libertie hereby to go to all religious meetings, though never so
often, or though private, upon the week days ; and because one Veriu refused
to let his wife go to Mr. "Williams so oft as she was called for, they required
to have him censured. But there stood up one Arnold, a witty man of their
own company, and withstood it, telling them that, when he consented to that
order, he never intended it should extend to the breach of the ordinance of God,
such as the subjection of wives to their husbands, etc., and gave divers solid
reasons against it. Then one Greene (who hath married the wife of one Beg-
gerly, whose husband is living, and no divorce, etc., but only it was said, that
he had lived in adultery, and had confessed it) he replied, that, if they should
restrain their wives, etc., all the women in the country would cry out of them,
etc. Arnold answered him thus : Did you pretend to leave the Massachusetts,
because you would not offend God to please men, and would you now break
an ordinance and commandment of God to please women ? Some were of opin-
ion that if Yerin would not suffer his wife to have her libertie, the church should
dispose her to some other man, who would use her better. Arnold told them

TOWN OP PROVIDENCE. 17

1637.

The imii ofith Month [June, 1637.] >
M'd. The severall portions of grass and meadowwhich
oure neighbour Greene, our neighbour Cole, neighbour
Arnokl, and Mr. Weston laid out in the Towne's name un-
to oure neigbour James, neighbour Olney, neighbour Wa-
terman, neighbour Cole, neighbour Weston, neighbour
Carpenter, neighbour Holyman were confirmed as their
proper right and inheritance to them and theirs, as fully
as the former portions appropriated to our neighbour
Throckmorton, neighbour Greene, neighbour Harris,
Joshua Verin, neighbour Arnold and neighbour Williams
were, or are confirmed to them or theirs.

June 10

that it was not the woman's desire to go so oft from home, but only Mr.
Williams's and others. In conclusion, when they woxild have censured Verin,
Arnold told them, that it was against their own order, for Yerin did that he
did out of conscience ; and their order was, that no man should be censured
for his conscience."

Verin left Providence and removed to Salem ; but it will appear from the
following letter received from him, which was laid before the town at their
quarter meeting, April 27th, 1651, that he then claimed an ownership in the
land as one of the six original settlers of Providence.

Gentlemen and Countrymen of the Town of Providence :

This is to certify to you, that I look upon my purchase of the town of Pro-
vidence to be ray lawful right. In my travel, I have enquired, and do find it
is recoverable according to law ; for my coming av/ay could not disinherit
ine. Some of yon cannot but recollect, that we six which came first should
have the first convenience, as it was put in practice by our house-lots, and
second by the meadow in Wanasquatucket river, and then those that were ad-
mitted by us into the purchase to have the next which were about ; but it is
■contrary to law, reason and equity, for to dispose of my part without my con-
sent. Therefore deal not worse with me than with the Indians, for we made
conscience of purchasing it of them and hazarded our lives. Therefore we
need not, nor any one of us ought, to be denied of our purchase. So hoping
you will take it into serious consideration, and to give me reasonable satisfac-
tion, I rest, Yours, in the way of right and equity,

JOSHUA VERIN.

The following is the answer directed to be returned by the Clerk.

Sir : The town of Providence having received, read and considered yours,
dated the 21st of November, 1650, have ordered me to signify unto you, that
If you shall come into court, and prove your right, they will do you justice.
Per me, GRE. DEXTER, Town Clerk.

18
1637.

RHODE ISLAND COLONY RECORDS.

' Deed from Cannaunicus and Miantonomi to Roger Williams
[March, 1637.]

At Nanhiggansick, the 24th of the first month, com-
monly called March, in y° second yeare of our plantation
or planting at Mooshausick or Providence.

Memorandum, that we Cannaunicus and Miantunomi,
the two chief sachems of Nanhiggansick, having two yeares
since sold vnto Roger Williams, y"" lands and meadowes
vpon the two fresh rivers, called Mooshausick and Wanas-
qutucket, doe now by these presents, establish and con-
firme y" bounds of those lands, from j° river and fields at
Pautuckqut, y"* great hill of Notquonckanet, on y*" north-
west, and the town of Maushapogue on y'' west.

As also, in consideration of the many kindnesses and
services he hath continually done for us, both with our
friends at Massachusetts, as also at Quinickicutt and
Apaum or Plymouth, we doe freely give unto him all that
land from those rivers reaching to Pawtuxet river ; as
also the grass and meadov/es upon y° said Pawtuxet
river.

In witness whereof we have hereunto set our hands.

Y*^ mark of ^^. CANNONNICUS.

j^i

:r""

Y'^ mark of I MIANTUNNOMI.

In y'' presence of

The mark of + Sotaash.
The mark of + Assotemeweit.

1639. Memorandum 3 mo. 9th day. This was all
again confirmed by Miantounomi ; he acknowledged this
his act and hand, up the streams of Pautuckqut and Paw-
tuxet without limits, we might have for use of cattle.
Witness hereof, ROGER WILLIAMS,

BENEDICT ARNOLD.

TOWN OF FROVIDENGE. 1^'

1638.

Me7norandum or "■ Initial Deed " fro7n Roger Williams of -.^^^--^i^-
the lands purchased of Canonicus and Miantonnomi.

Memorandum, That I, R. W. having fonnerly pur-
chased of Canonicus and Miantonomi, this our situation or
plantation of New Providence, viz. the two fresh rivers
Wonas. and Moosh. and the grounds and meadows there-
upon, in consideration of £30 received from the inhabit-
ants of said place, do freely and fully, pass, grant and
make over equal right and power of enjoying and dispos-
ing the same grounds and lands unto my loving friends
and neighbours S W. W A. T J. R C. J G. J T. W H.
W C. T 0. F W. R W. and E H. and such others as the
major part of us shall admit into the same fellowship of
vote with us. As also, I do freely make and pass over
equal right and power of enjoying and disposing the said
land and ground reaching from the aforesaid rivers unto
the great river Pawtuxet, with the grass and meadow
thereupon, which was so lately given and granted by the
two aforesaid sachems to me. Witness my hand,

R. W.

Second Memorandum from Roger William, sof his purchase
from Canonicus omd Miantonnomi, October 8th, 1638.

" Providence 8 of 8th month, 1638, so called.
Memorandum, that I Roger Williams having formerly
purchased of Conanicus and Miantonomi, this our situa-
tion or Plantation of New Providence, viz.: the two fresh
rivers Wonasquatucket and Moosehasick and the grounds
and meadows thereupon, in consideration of thirty pounds,
received from the inliabitants of the said place, do freely
and fully pass grant and make over equal right and power
of enjoying and disposing the same ground and lands unto

20 RHODE ISLAND COLOM RECORDS.

1638. my loving friends and neighbors, Stukely Westcotfc, Wil-
"-*''^''"'*-' liam Arnold, Thomas James, Robert Cole^ John Greene^
John Throckmorton, William Harris, William Carpenter,
Thomas Olney, Francis Weston, Richard Waterman, Eze-
kiel Holyman and snch others as the major part of us shall
admit unto the same fellowship with of vote us. As also
I do freely make and pass over equal right and power of en-
joying and disposing the lands and grounds reaching from
the aforesaid rivers unto the great river Pawtuxet and the
grass and meadows thereupon, v/liich was so lately grant-
ed by the aforesaid Sachems to me.

Witness my hand, Providence 22, 10 mo. 1666, so
caUed. ROGER WILLIAMS.

This paper and writing given by me about twenty-
eight years since, and differs not a tittle, only so is dated
as near as we could guess about the time, and the names
of the men written in the straight of time and haste are
here explained by me. ROGER WILLIAMS.

In presence of us,

John Browne,

John Sayles,

Thomas HxVrrls, Assistant.''

Agreement between Roger Williams and his associutes for a
division of lands. 1638.

" An agreement made between the several inhabitants
of the town of Providence, the 8th of the 8 month 1638.
It is agreed, this day abovesaid, that all the meadow
ground at Pawtuxet, bounding upon the fresh river upon
both sides, is to be impropriated unto these thirteen per-
sons, being now incorporate into our town of Providence,
viz.: Ezekiel Holyman, Francis Weston, Richard Water-
man, Thomas Olney, Robert Coles, William Carpenter,

TOWN OF PROVIDENCE. 21

William Harris, John Throckmorton, Roger Williams, 1G38.
John Greene, Thomas James, William Arnold, Stukely ^^*^^'"*--'
Westcott, and to be equally divided among them, and
every man to pay an equal proportion to raise up the sum
of twenty pounds for the same, and if it shall come to
pass, that some or any of these thirteen persons abovesaid
do not pay or give satisfaction for his or their equal pro-
portion of the abovesaid sum of twenty pounds, by this
day eight weeks, which will be the seventeenth day of
the tenth month next ensuing, that they or he, shall leave
their or his proportion of meadow ground unto the rest of
those thirteen persons, to be at their disposing who shall -
make up the whole sum of twenty pounds, which is to
be paid unto Roger Williams.

Memorandum. On the third day of the tenth month,
1638, so called, according to former agreement, I received
of the neighbors abovesaid the full sum of £18. 11. 3 per
me,* ROGER WILLIAMS.

[The only copy on record of the "Initial deed" is
without date. On the sixth of December, 1661, a com-
mittee appointed at a previous meeting to wait on Mr.
Williams and procure a deed of the first purchase, made a
report, and subsequently another was appointed to procure
Mrs. Williams' separate title deed. The following is sup-
posed to have been given in consequence.]

* The date of this agreement as stated iu the copy from which the foregO'
ing is copied is the same with that of the " Initial deed " of Mr. Williams ;
but it is evident that there is a mistake in the date or in the body of the in-
strument. Eight weeks from the 8th of October would be the third of De
cembeVj and not the seventeenth, the date of the memorandum.

22 RHODE ISLAND COLONY KECORDS.

1638.

-.— V--W/ Confirmatorn Deed of Roger Williams and his wife, of
lands transferred by him to his associates in the year
1638.

Be it known unto all men by these presents, that I,
Roger Williams, of the Towne of Providence, in the Nar-
ragansett Bay, in New England, having in the yeare one
thousand six hundred and thirty-foure, and in the yeare
one thousand six hundred and thirty-five, had severall
treaties with Conanicusse and Miantonome, the chief sa-
chems of the Narragansetts, and in the end purchased of
them the lands and meadows upon the two Afresh rivers
called Mooshassick and Wanasquatucket ; the two said sa-
chems having by a deed under their hands two yeares af-
ter the sale thereof established and conffirmed the boundes
of these landes from the river and ffields of Pawtuckqut
and the great hill of Neotaconconitt on the northwest,
and the towne of Mashapauge on the west, notwithstand-
ing I had the frequent promise of Miantenomy my kind
friend, that it should not be land that I should want about
these bounds mentioned, provided that I satisfied the In-
dians there inhabiting, I having made covenantes of
peaceable neighborhood with all the sachems and natives
round about us. And having in a sense of God's merci-
full providence unto me in my distresse, called the place
Providence, I desired it might be for a shelter for per-
sons distressed of conscience ; I then, considering the con-
dition of divers of my distressed countrymen, I commu-
nicated my said purchase unto my lo^dng ffriends John
Throckmorton, William Arnold, William Harris, Stukely
Westcott, John Greene, senior, Thomas Olney, senior,
Richard Waterman and others who then desired to take
shelter here with me, and in succession unto so many oth-
ers as we should receive into the fellowship and societye
enjoying and disposing of the said purchase ; and besides
the ffirst that were admitted, our towne records declare

TOWN OF PROVIDENCE.

that afterwards wee received Chad Brown, William ffeild, 1638.
Thomas Harris, sen'r, William Wickenden, Robert Wil- ^-*^-^
liams, Gregory Dexter and others, as our towne booke
declares. And whereas, by God's mercifuU assistance,
I was the procurer of the purchase, not by monies nor
payment, the natives being so shy and jealous, that monies
could not doe it ; but by that language, acquaintance,
and favour with the natives and other advantages which
it pleased God to give me, and also bore the charges and
venture of all the gratuetyes which I gave to the great
sachems, and other sachems and natives round and about
us, and lay ingaged for a loving and peaceable neigh-
bourhood with them all to my great charge and travell.
It was, therefore, thought by some loveing ffriends, that
I should receive some loving consideration and gratui-
tye ; and it was agreed between us, that every person
that should be admitted into the ffellowship of injoying
landes and disposing of the purchase, should pay thirty e
shillinges into the public stock; and ffirst about thirtye
poundes should be paid unto myselfe by thirty shillings a
a person, as they were admitted. This sum I received
in love to my ffriends ; and with respect to a towne and
place of succor for the distressed as aforesaid, I doe ac-
knowledge the said sum and payment as ffull satisfifaction.
And whereas in the year one thousand six hundred and
thirtye seaven, so called, I delivered the deed subscribed
by the two aforesaid chiefe sachems, so much thereof as
concerneth the aforementioned landes ffrom myselfe and
my heirs unto the whole number of the purchasers, wdth
all my poweres right and title therein, reserving only unto
myselfe one single share equall unto any of the rest of
that number, I now againe in a more fformal way, un-
der my hand and seal, conflQrm my flformer resignation
of that deed of the landes aforesaid, and bind myselfe,
my heirs, my executors, my administrators and assignes
never to molest any of the said persons already received
or hereafter to be received into the societye of purchas-

RHODE ISLAND COLONY RECORDS.

1638. ers as aforesaid, but they, tlieire heires, executors, ad-
'-*'"^'""*-' ministrators and assignes, shall at all times quietly and
peaceably injoy the premises and every part thereof ; and
I do Ifurthere, by these presentes, binde myselfe, my
heirs, my executors, my administrators and assignes,
never to lay claime nor cause any claime to be laid,
to any of the landes aforementioned, or unto any part
or parcell thereof, more than unto mine owne single share,
by virtue or pretence of any former bargaine, sale or mort-
gage whatsoever, or joyntures, thirdes or intails made by
me the said Roger Williams, or of any other person
either, for, by, through or under me.* In wittnesse there-
of, I have hereunto sett my hand and scale this twentyeth

* The lands traiirifcrrecl b}- Koger Williams to his associates were subse-
quently divided into what are called '• home lots " and " six acre lots."' lu
the clerk's ofSce of the city of Providence is " A revised list (saving correc-
tions with addition) of lands and meadows as they were originally lotted from
the beginning of the plantation of Providence in the Xarragausett Bay in
New England unto the (then) inhabitants of the said plantation anno 16 — ."
The first in order are the " home lots," beginning at the " Mile-end Cove " at
the south end of the town between Fox Point and WIckendcn street. This
book gives a list of fifty-fom' persons who received their lots with their loca-
tion. It is here given to preserve the names.

Robert Williams,
Christopher Unthank,
William Hawkins,
Robert West,
Hugh Bewit,
John Lippit,
Matthew Weston,
Edward Hart,
Thomas Hopkins,
Widow Sayer,
Widow Tiler,
Nicholas Power,
William Wickenden,
W^illiam Man,
William Burrows,
Adam Goodwin,
Thomas Harris,
Joshua Winsor,

John Field,
William Field,
Richard Scott,
George Rickard,
John Warner,
Chad Brown,
Daniel Al^bott,
William Reynolds,
Stukely Westcott,
Ezekiel Holymau,
Richard AA^atcrman,
Francis Weston,
Thomas Angell.
Thomas Olney,
Robert Cole,
William Carpenter,
John Sweet.
Alice Daniels,

William Harris,
John Throckmorton,
Roger Williams,
Joshua Verin,
Widow Reeve,
John Smith,
John Greene, Sen.
'I'homas James.
AVilliam Arnold,
Francis AVickes,
Benedict Arnold,
John Greene, Jun.
Edward Manton,
Tliomas Painter,
]Matthew AA''aller,
Gregory Dexter.

TOWN OF PROVIDENCE.

day of December in the present year one thousand six 1638.
hundred and sixty one. v^— -v— •.

ROGER WILLIAMS. [L.S.]
Signed, sealed and delivered, in presence of us,

Thomas Smith,

Joseph Carpenter.

I, Mary Williams, wife unto Roger Williams, doe as-
sent unto the premises. Wittness iny hand this twen-
ty eth day of December, in the present year one thousand
six hundred and sixty one.

The marke of M. W. MARY WILLIAMS.
Acknowledged and subscribed before me,

WILLIAM FFEILD, Generall Assistant."

Deposition of Roger Williams relative to this jmrchase
from the Indians.

Narragansett, 18 June, 1682, Ut. Vul.
I testify as in the presence of the all making and all
seeing God, that about fifty years since, I coming into
this Narragansett country, I found a great contest be-
tween three sachems, two (to wit, Cononicus and Mianto-
nomy) were against Ousamaquin on Plymouth side, I was
forced to travel between them three,, to pacify, to satisfy
all their, and their dependents' spirits of my honest inten-
tions to live peaceably by them. I testify that it was the
general and constant declaration that Cannonicus his father
he had three sons, whereof Cannonicus was the heire, and
his youngest brother's son Miantonomy (because of his
youth) was his Marshal and Executioner, and did nothing
without his unkle Cannonicus' consent. And therefore I
declare to posterity that were it not for the favor that God
gave me with Cannonicus, none of these parts, no, not
Rhode-Island had been purchased or obtained, for I never

'26 RHODE ISLAND COLONY RECORDS.

1638. got any thing out of Cannoniciis but by gift. I also pro-
-^"^"'"'^ fe^s that boing imxuisitive of what root the title or denomi-
nation Nahiganset should come, I heard that Nahiganset
Avas so named from a little Island between Puttisquomscut
and Musquomacnk on the sea and fresh water side. I
went on purpose to see it, and about the place called
Sugar-Loaf Hill, I saw it, and was within a pole of it, but
could not learn why it was called Nahiganset. I had
learnt that the Massachusetts was so called from the Blue
Hills, a little Island thereabout : and Cannonicus' father
and anchestors living in those southern parts, transferred
and brought their autliority and name into those northern
parts all along by the sea side, as appears by the great
destruction of wood all along near the sea side : and I de-
sire posterity to see the gracious hand of the Most High,
(in whose hands is all hearts,) that when the hearts of my
countrymen and friends and bretheren failed me, his infi-
nite wisdom and merits stirred up the barbarous heart of
Cannonicus to love me as his son to his last gasp, by
which means I had not only Miantonomy and all the Co-
wesit sachems my friends, but Ousamarj^uin also, who, be-
cause of my great friendship with him at Plymouth and
the authority of Cannonicus, consented freely (being also
well gratified by me) to the Governor Winthrop's and my
enjoyment of Prudence, yea of Providence itself, and all
the other lands I procured of Cannonicus which were upon
the point, and in effect whatsoever I desired of him.
And I never denyed him nor Miantonomy whatever they
desired of me as to goods or gifts, or use of my boats or
pinnace and the travels of my own person day and night,
which though men know not, nor care to know, yet the
all-seing eye hath seen it and his all-powerful hand hath
lielped me. Blessed be his holy name to eternity.

K. WILLIAMS.

September 28, 1704, I then being present at the house
of Mr. Nathaniel Coddington, there, being presented with

TOWN OF PROVIDENCE. 2

this written paper which I attest upon oath to be my fo- 1636.
ther's own hand writing. >.-*-v-^

JOSEPH WILLIAMS, Assistant.

February 11, 1705. True copy of the original placed
to record and examined by me.

WESTON CLARKE, Recorder.

Report of Arbitrators at Providence, containing proposals
for a form of Government.

Providence the 27th of the 5th mo. in the yeare (so
called) 1640.

Wee, Robert Coles, Chad Browne, William Harris, and
John Warner, being freely chosen by the consent of our
louing freinds and neighbours the Inhabitants of this
Towne of Providence, having many differences amongst
us, they being freely willing and also bound themselves to
stand to our Arbitration in all differences amongst us to
rest contented in our determination, being so betrusted we
have seriously and carefully indeavoured to weigh and
consider all those differences,, being desirous to bringe to
vnity and peace, although our abilities are farr short in the
due- examination of such weighty things, yet so farre as
we conceive in laying all things together we have gone
the fliirest and the equallest way to produce our peace.

I. Agreed, We have with one consent agreed that in

the parting tliose particler proprieties which some of our

friends and neighbours have in Patuxit, from the general

Common of our towne of Providence, to run vppon a

O RHODE ISLAND COLONY RECORDS.

1637. streight line from a fresh spring being in the Gulley, at
'^^^^'^^^ at the head of that cove running by that point of land
called Sax.afras vnto the towne of Mashipawog, to an oake
tree standing neerevnto the corne field, being at this time
the neerest corne field vnto Patuxit, the oake tree having
four marks with an axe, till some other land marke be set
for a certaine bound. Also, we agree that if any meadow
ground lyeing and joineing to that ]Meadow, that borders
uppon the River of Patuxit come within the aforesaid line,
which will not come within a streight line from long Cove
to the marked tree, then for that meadow to belong to
Pawtuxit, and so beyond the towne of Mashipawog from
the oake tree between the two fresh Rivers Pawtuxit and
Wanasquatucket of an even Distance.

2. Agreed. We have with one consent agreed that for
the disposeing, of those lands that shall be disposed belong-
ing to this towne of Providence to be in the whole In-
habitants by the choise of five men for generall disposeall,
to be betrusted with disposeall of lands and also of the
townes Stocke, and all Generall things and not to receive
in any six dayes as townesmen, but first to give the Inhab-
itants notice to consider if any have just cause to shew
against the receiving of him as you can apprehend, and
to receive none but such as subscribe to this our determi-
nation. Also, we agree that if any of our neighbours doe
apprehend himselfe wronged by these or any of these 5
disposers, that at the Generall towne meeting he may
have a try all.

Alsoe wee agree for the towne to choose beside the oth-
er five men one or more to keepe Record of all things be-
longing to the towne and lying in Common.

Wee agree, as formerly hath bin the liberties of the
town, so still, to hould forth liberty of Conscience.

III. Agreed, that after many Considerations and Con-
sultations of our owne State and alsoe of States abroad in
way of government, we apprehend, no way so suitable to

TOWN OF PROVIDENCE. 29

our Condition as government by way of arbitration. But 1637.
if men agree themselves by arbitration, no State we know ^-^"■^'■"^^
of disallows that, neither doe we : But if men refuse that
which is but common humanity betweene man and man,
then to compel such vnreasonable persons to a reasonable
way, we agree that the 5 disposers shall have power to
compell him either to choose two men himselfe, or if he
refuse, for them to choose two men to arbitrate his cause,
and if these foure men chosen by every partie do end the
cause, then to see theire determination performed and
the faultive to pay the Arbitrators for theire time spent
in it : But if those foure men doe not end it, then for the
5 disposers to choose three men to put an end to it, and
for the certainty hereof, wee agree the major part of the
5 disposers to choose the 3 men, and the major part of the
3 men to end the cause haueing power from the 5 dispos-
ers by a note under theire hand to performe it, and the
faultive not agreeing in the first to pay the charge of the
last, and for the Arbitrators to follow no imployment till
the cause be ended without consent of the whole that
have to doe with the cause.

Instance. In the first Arbitration the offender may offer
reasonable terms of peace, and the oifended may exact
upon him and refuse and trouble men beyond reasonable
satisfaction ; so for the last arbitrators to judge where the
fault was, in not agreeing in the first, to pay the charge
of the last.

IV. Agreed, that if any -person damnify any man,
either in goods or good name, and the person offended fol-
low not the cause vppon the offender, that if any person
o;iue notice to the 5 Disposers, they shall call the party
delinquent to answer by Arbitration.

Instance. Thus, if any person abuse an other in person
or goods, may be for peace sake, a man will at present put
it vp, and it may so be resolue to revenge : therefore, for
the peace of the state, the disposers are to look to it in the
first place.

30 IHODE ISLAND COLONY RECORDS.

1637, V. Agreed, for all the whole Inhabitants to combine
-*^-^*-^ ourselves to assist any man in the pursuit of any party de-
linquent, with all our best endeavours to attack him : but
if any man raise a hubbub, and there be no just cause,
then for the party that raised the hubbub to satisfy men
for their time lost in it.

VI. Agreed, that if any man have a diiference with
any of the 5 Disposers which cannot be deferred till gen-
eral meeting of the towne, then he may have the Clerk
call the towne together at his [discretion] for a tryall.

Instance. It may be, a man may be to depart the land,
or to a fan parte of the land ; or his estate may lye vppon
a speedy tryall or the like case may fall out.

VII. Agreed, that the towne, by the five men shall give
every man a deed of all his lands lying within the bounds
of the Plantation, to hould it by for after ages.

VIII. Agreed, that the 5 disposers shall from the date
hereof, meete every month-day vppon General things and
at the ciuarter-day to yeeld a new choise and give vp
theire old Accounts.

IX. Agreed, that the Gierke shall call the 5 Disposers
together at the month-day, and the generall towne together
every quarter, to meete vppon general occasions from the
date hereof.

X. Agreed, that the Gierke is to receive for every
cause that comes to the towne for a tryall 4:d. for making
each deed 12d. and to give vp the booke to the towne at
the yeercs end, and yeeld to a new choice.

XI. Agi-eed, that all acts of disposall on both sides to
stand since the difference.

XII. Agreed, that every man that hath not paid in his
purchase money for his Plantation shall make vp his 10^.
to be 305 eqval with the first purchasers : and for all that

• are received townsmen hereafter, to pay the like summe of
money to the towne stocke.

These being those things wee have generally concluded
on for our peace, we desireing our loveing friends to re-

TOWN OF PROVIDENCE.

ceive as our absolute
downe as subjects to it.
Chad Brown,
Robert Cole.
William Harris,
John Throckmorton,
Stukely Westcott,
Benedict Arnold,
William Carpenter,
Eichard Scott,
Thomas Harris,
Francis -f- Wickes,
Thomas -f- Angell,
Adam Goodwin,
William Burrows
Roger Williams,
Robert West,
Joshua Winsor,
Robert Williams,
Matthew Waller,
Gregory Dexter,
John -j- Lippittj

determination, laying ourselves 1637.

John Warner,
John Field,
William Arnold,
William Field,
Edward Cope,
Edward 4- Manton,
William Man,
Nicholas Power,
William + Reynolds,
Thomas Olney,
Richard Waterman,
William Wickenden,
Edward Hart,
Hugh Bewit,
Thomas Hopkins,
Joan Tyler,
Jane + Sears,
Christopher Unthank,
William -j- Hawkins.

Deed from Ousamequin,
Williams, Gregory
Providence.

Chief of Paukanaiuket to Roger
Dexter and the inhabitants of

Wapewasick, aver against Portsmouth,
9th of 6th month 1646. (so called.)
This testifyeth, that I Ousamequin chiefe Sachem of
Paukanawket, for and in consideration of full satisfaction
in wampum, cloth and other commodities received at pre-
sent ; doe give, grant, sell and make over unto Roger

32 RHODE ISLAND COLONY RECORDS.

1637. Williams and Gregory Dexter, inhabitants of Providence,
'-''''^■"'*-' together with all those inhabitants of Providence that
hath or shall joyne in this purchase, with all my right and
interest of all that parcell or tract of land which lies be-
tweene Pawtuckqut and Loqusquscit, with all the mead-
owes, trees and appurtenances thereof, and after the . . .
And I doe hereby bind myself, my heires and succes-
sors, to maintaine all and every of their peaceable enjoy-
ment of the foresaid lands from any other claime or bar-
gaine whatsoever. And I do hereby authorize Saunkus-
secit alias Tom of Wauchimoqut to marke trees and set

the bounds of the land aforesaid in case that

great meadow at or about Loqusqusitt fall not within the
bounds aforesaid, yet it shall be for them to enjoye the
said medow forever ; that without the bounds of the said
tract of land, round about, it shall be lawfull for them to
feede and graze their cattell, as allso to cut any medows
for their use, though not put up houzes without further

agreement That who hath an Indian

field within the bounds aforesaid, shall either depart or
secure his field from the English cattell. Witness my
hand.*

*^fterthe terms of purchase had been agreed upon between the Providence
conuTiittee and Ousamequin, and the deed drawn, the latter refused to sign it.
The testimony of Roger Williams and others of the committee, which follows
the unsiirncd deed is on record.

TOWN OF PROVIDENCE. 33

1638.

Testimony, or Report of Roger Williams, Gregorij Dexter
and others in relation to the lands purchased of Ousame-
quin, 1646.

Wapewasick over against Portsmouth 10. 7. 46 (so
called.)

We Gregory Dexter, Tho: Olney, Roger and Robert
Williams in a word of truth and faythfullness declare that
being requested by y" Towne of Providence in oure owne
and their behalfe to buy y*" right which Ousamequin
pretendeth to a parcell of Land which lies between our
bounds at Pawtuckqut and an Indian Plantation northwest
from thence called Loquasquscit, and knowing y° our
Towne had right to y"' feeding and grazing of cattle up-
on ye said parcell of land by our grant of y"" Nanhiggan-
set purchase, before such times as they since released him
of his subjection, as also y' it was upland from y'' water,
and most of it barren and rockie, without medow ; soe
making a journey to Ousamequins house, offered him but
fifteen fathom of white wampum (it being a time when
white wampum only was current ; and which we knew he
only would accept). But he desired to have commodities
and wampum, and at last we agreed upon ten fathom
of white wampum, four coates of English cloth, six of the
best English howes and English axes, and tw^elve great
knives ; which wampum and commodities he desireing spee-
die pay of, we went, all of us over to Portsmouth to pro-
cure y^ said wampum and commodities ; he furnishing us
with a canew and a native, where some of us performed
good service for him in some controversies between the
English and him. We brought him y'' wampum which
he accepted of, y° coates allso, which he accepted of and
received the cloth, choosing out of two parcells, but of
twelve knives he choose eight ; out of six howes, he chose-
one, we promising to procure y° rest of the howes and

34 RHODE ISLAND COLONY RECORDS.

1636. hatchets and knives to his liking, which he was fully con-
'--^'^'-'^ tent. Afterward going to sleepe he begged two coats of
us, which we promised to give him ; yet in the morn-
ing, some of us refusing to sell him shott, as also our all
refusing to give him foure coats more, he took forth our
monie and goods againe to us, which we refused, not be-
ing willing to countenance such dealing in y^ barbarians ;
and having before in their payments and a coate to his
councellour which he desired, and some other small gifts
unto them layed out, y° valew of about forty fathom of
wampum, we were not willing to wrong our country in
granting his desire of foure coats, and so unreasonably to
raise y" price of such parcells of land in this barbarous
wilderness ; and therefore, we declare y' ye said land ac-
cording to a faire and righteous bargaine belongs to the
Towne of Providence, the Towne paying to Ousamequin,
as aforesaid.

ROGER WILLIAMS, ROBERT WILLIAMS,
GREGORY DEXTER, THO: OLNEY.

TOWN OF PROVIDENCE. 35

1638.
Deeds of Confirmation made by the Indian Sachems, succes- ^--»-^-w
sors of Conanicus and Miantonomi, to the inhabitants of
Providence and Pawtuxet, of lands previous]!/ purchased
by them.

IProvidence, the 3d month, 29th day, 1659.
This be known to all that it may concevne, in all ages
to come, that I Caujaniquaunto, sachem of the Narragan-
setts, ratify and confirme to the men of Providence, and
to the men of Pawtnxcette, their landes, and deed, that
my brother Meantonomeah made over and disposed to
them, namely, all the landes, between Pawtuckette river
and Pawtuxcette river, up the streams without limit for
their use of cattle ; and I also doe for summer and winter
feeding of their cattle and ploughing and all other neces-
sary improvements, as for farmes and all manner cf plan-
tations whatsover : This lande, I say, above said, I con-
firme to the aforesaid men at this present, twenty full
miles beginning to measure from a hill, called Fox's hill,
upon a straight line, running up into the country between
Pawtuckette and Pawtuxcette river. This lande and
these appurtenances I hereby confirme to them and their
heires and assignes forever, and that my heires and as-
signes shall not molest them nor their assignes forever in
any of the landes above said ; and that I am always ready
to defend their title from the claim of any Indians whatso-
ever. In witnesse whereof I hereto set my hande.

The marke of T CAUJANIQUANTE.

•A^

The witnesses,
AwAUSHOWEs, his -^T' marke.
Mattackcees, called Newcom, his A\ marke.

We also witnesses :
Nathaniel AVaterman,
Andreav Harris.

'36 RHODE ISLAND COLONY RECORDS.

1638. I, Aiaqiiamit, owne this my father his act and deed,
-^^^^^^ which is above written, and doe acknowledge, that I have
received full satisfaction for all the right and claime which
could be laid by me unto any of those landes which my
brother hath sold unto the men of Providence and the men
of Pawtuxcelte. Witnesse my hande this 28 of April in
the year 1660.*

\rn\

The marke I of AIAQUAMIT.

W The marke of Mattackcees, alias Newcom.
Thomas Olney Junior.

For Pawtuxcette and Providence, the 6 mo, 13 day,
1659.

This be known to all ages upon any just occasion, that
wee Cussuckquanth and Nenekealah chief sachems over
the Indians in these parts of the country, ratifye and con-
firme to the men of Providence and the men of Pawtux-
cette, their landes according to their joynt agreements,
which our brother Meantonomeah possessed them with,
that is, all the landes between Pawtuckette and Pawtuck-
cette, between the streams of these rivers, and up these
streams without limits, or as far as they shall think fit.
These landes and the appurtenances, we confirme to them,
in and for good considerations, to them, theire heires and
assignes forever. Nevertheless, it shall not be lawfull for
the aforesaid men to remove the Indians that are up in the
country, except they shall satisfye those Indians, and so
cause them to depart wilHngly, neither shall any of those
Indians sell any part of their said landes to any man

* These deeds were authorized by the Court of Commissioners in May
1G59, in order to satisfy the demands of the Indians. By some they were
considered merely as deeds of confirmation, by others as new purchases.
Eoger Williams objected to the transactions as is shown Ijy his letter which
follows, dated 27th. 8th mo. IGGO.

TOWN OF PROVIDENCE. 37

whatsoever, only it shall be lawfiill for those Indians to re- 1638.
ceive some recompence for their removing off, if they see '>-^-^'^^-'
cause, of the aforesaid Englishmen of Providence or Paw-
tuxcette according to their joynt agreement. Also we
binde our heires and assignes forever not to molest, the
aforesaid men nor their heires nor assignes upon any of the
aforesaid landes forever.

Witnesse our hands

CUSSUCKQUANTH his marke:— >

NENEKEALAH his mark **

AwATHOES his marke *

Richard SxMith,
James Smith.

These beare witnesse to all ages to come, to such as
are concerned herein. That we, Scuttappe and Quequag-
anewet, son to Meakeaw, son to Quanuanone, called by
the English Qunnounicus uncle to Meantonomeah, who
made a peace with the English in the Massachusetts, for
all the Indians in the se parts, in the time of the Pequote
war with the English. This our grandfather and cousin,
chiefe sachems, granted to Roger Williams, agent for the
men of Providence and the men of Pawtuxcette, a tract
of lande, reaching from Pawtuckette river to Pawtuxcette
river, all the landes between the streams of those rivers,
and up those streams v/ithout limits for their use of cattle,
did they grant to the men abovesaid, the men of Provi-
dence and the men of Pawtuxcette to whom we establish
the landes aforesaid up the streams of those rivers, and
confirme without limits, or as far as the men abovesaid of
Providence and Pawtuxcette shall judge convenient for
their use of cattle, as feeding, ploughing, planting all
manner of plantations whatsoever ; we say, all the landes,
according to the Hmits aforesaid, we establish and con-
firme to the men of Providence and the men of Pawtux-
ette, according to their joynt agreement, in the most ab-

^8 RHODE ISLAND COLONY RECORDS.

1638. solute tenure of fee simple, to them, tlieir lieires ami as-
-""^^^^^ signs forever, and hereby binde ourselves, our hcires and
assignes, not to molest or trouble the men abovesaid in the
full enjoyment of the land abovesaid. Nevertheless, it
shall not be lawfull for the men abovesaid to remove the
Indians, that are up in the country from their fields, with-
out the Indians' consent and content, nor shall it be law-
full for any of those Indians to sell any of the landes
abovesaid to any, only it shall be lawfull for them, to take
of the men of Providence and the men of Pawtuxcette,
according to their joynt agreement, satisfaction for their
removing. And we have established to the men above-
said the lande and deed granted by our grandfather and
cousin, so do we also confirme the grants of confirmation
l)y our cousins Cussuckquanth, Caujaniquanutte and Nen-
ekealah.

The mark of SCUTTAPE,^T

Dated this first of December 1659 —
Signed and delivered in presence of us

Manatahs, o his marke, Indian interpreter,

Nantomoroawe, I his marke,

Richard Smith,

Richard Smith jr.

James Smith,

William Dyre.

The marke of QUEQUAOANEWET.

y-r^

TOWN OF PROVIDENCE.

Letter from Roger Williams to the Toion of Providence, in
relation to the deeds of confirmation from the successors of
Conanicus and Miantonomi.

Loving friends and Neighbours

Divers of yourselves have so cried out ofRol'^iT^w
ye contentions of your late meetings that (studying my
quietness) I thought fit to present you with these few
lines.

Two words I pray you to consider. First, as to this
plantation of Providence ; then, as to some new planta-
tion, if it shall please y" same God of mercies who provid-
ed this, to provide another in mercy for us.

First, as to this Tow^ne. Although I have been called
out of late to declare my understanding as to y"" bounds of
Providence and Pawtuxet ; and although divers have
land and meadows in possession beyond these bounds, yet
I [feel sure] that none of you thinck me so senceless as to
put on any barbarian to molest an Englishman, or to de-
mand a farthing of any of you.

Second. If any doe, (as formerly some have done, and
divers have given gratuities as Mr. Field about Nota-
quonckanet and others,) I promise that, as I have been
assistant to satisfie and pacifie y"* natives round about us,
so I hope I shall, still while I live be helpfull to any of
you y^ may have occasion to use me.

Now as to some new plantation. I desire to propose y'
which may quench contention, may accommodate such
who w^ant and may also return monies unto such as have of
late disbursed. To this purpose I desire y* we be patient
and torment not ourselves and y*" native sachems and
people, putting them upon mischievous remedies, with y*"
great noise of twentie miles new or old purchase.

Let us consider if Niswosakit and Wayunckeke and y'"
land thereabout, may not afford a new and comfortable
plantation, which we may goe through, with all effectuall

40 TOWN OF PRO^HDENCE.

1638. endeavour for true publieke good. To this end, I pray
'-*"''"*^ you consider, y' tlie inhabitants of these parts with most
of the Cowwesets and Nipinucks liave long since forsaken
y Narrigansett Sachems and subjected themselves to y"
IVIassachusetts ; and yet, they are free to sell their landes
to any whom the Massachusetts shall not protest against.
To this end, (observing their often flights, and to stop
their running to y'' Massachusetts), I have parlled wath
them, and find that about thirtie pounds will cause them
to leave those partes, and yeald peaceable possession. I
suppose then y"" the towne may doe well to give leave to
about t^^cntie of y"" inhabitants (of which I offer to be
one, and know others willing,) to laye downe thirtie shil-
lings a man towards y*^ purchase. Let every one of this
number have libertie to remove himselfe, or to place a
child or friend there. Let every person, who shall after-
ward be receaved into y*^ purchase lay down thirtie shil-
lings as hath been done in Providence, which may be paid
(by some order agi'eed on), to such as lately have disbursed
monies. Unto y'' effecting of this, I offer, gratis, my time
and paines, in hope, y' such as want may have a comfort-
able supply amongst us, and others made roome for, who
may be glad of a shelter allso.

Yours to serve you

ROGER WILLIAMS.
27. 8th month 1660, (so called)

Answer of the Town of Providence to the foregoing letter of
RoQ-er Williams.

"b'

We received your letter, and it being read in the ears
of the Towne, they considered this answer :

First. That from these words in our evidence taken by
you which are these., "the landes upon Moshassuck and

TOWN OF PROVIDENCE. 41

Wanasqnatacket," -svliicli landes, comprehend Masswas- 1G38.
cutt, it appears ours already, and when we plant there, -*^'-^*-^
we will agree with the Indians either to remove or
fence.

Second. When, as you say, the Indians have subject-
ed to the Bay, wee say, they w^ere subject to the Narra-
gansett sachems when you bought the land which we now
have, and yourselfe propose yet to buy. And we know,
that if we let goe our true hold already attained, we shall,
if not ourselves, yet oure posterity, smart for it ; and we
conceave herein, that we doe truely understand what
yourself doth not. And if your apprehension take place,
as we hope it never will, in these your proposals, we haply
may see, what we conceive you desire not ; the ruin of
what you have given name to, viz.: poor Providence.
As for the natives complaining, we ha:ve not wronged
them any further than satisfaction, that we know of, nor
shall not. What their wrongs to us are, w^e have hitherto
rather smothered, than complained ; yet wx' must tell
you, that we shall not be averse to any fair gratuity,
either to take them off their fields or otherwise ; always
having respect unto the act of the sachems, whom you
have formerly so much honored. And herein, if you can
accomplish, we shall be ready to assist with further pay,
upon our former grounds, otherwise we shall not meddle,
and forbid any to doe so. Thus in love, though in briefe
return, we rest your neighbours.

The Towne of Providence,
Per me,

THOMAS OLNEY, jr..
Clerk in behalfe of the Town
October 29, 1660

To Mr. Roger Williams, these."

42 ROGER ^YILLIAMS AND HIS ASSOCIATES.

1647.

Instructions from the Town of Providence to its committee,
which, ivith other committees from the towns of Ports-
mouth, Newport and Warwick, ivere to meet at Ports-
mouth on the ISth of Mai/, 1647, for the purpose of or-
ganizing a government.

To our loving raid well be trusted friends and neighbors,
Gregory Dexter, William Wickenden, Thomas Olney,
Robert Williams, Richard Waterman, Roger Y/illiams,
WilUam Field, John Green, John Smith, John Lippitt.

We, the greater part of the inhabitants of this plan-
tation of Providence, having orderly chosen you, at our
Towne Meeting this 16th of the 3d mo. 1647, to appear
for us, at the Generall Courte, of this colonye, to be held
at Portsmouth on Rhode-Island, upon the 18th of this in-
stant month, desiring the Lord's Providence for your safe
arrivall there ; we all voluntarily assenting, do hereby
give you full power and authority as foUoweth :

First. To act and vote for us respectively or otherwise,
as if we ourselves were in person, for the settling of this
Generall courte for the present, and for the composing
of it, into any figure for the future, as cause shall
require.

Secondly. To act and vote for us, as aforesaid, in the
choice of all generall officers as need shall require.

Thirdly. If the Generall Courte shall consist of but ten
men for each towne, then you are to act accordingly
for this towne ; and if the Generall Courte shall be re-
duced into a fewer number, which for divers considera-
tions, may be for the best, then, we give you full power
to choose from among yourselves, such a number of our
loving neighbors as shall answer the same figure, unto
whom, being orderly chosen by you, we do give you
power to transfer this our commission, giving of them full
power to act and vote for us the inhabitants of this plan-

TOWN OF PROVIDENCE, 43

tation, in all generall affairs, and for the settling of the 1C4T.
island in peace and union, and for all matters that shall ^-*^-v^««^
concerne this particular towne, desiring a careful respect
unto these ensuing instructions. But if the Courte
shall consist of ten of each towne, then our desires are
that this our commission, with the ensuing instructions,
may remain entire in your hands.

First. That we may have a true copy of our charter
assigned unto us by the General Courte for the use of
oure plantation.

Secondly. We doe voluntarily, and are free willing, to
receive and be governed by the laws of England, together
with the way of administration of them, so far as the na-
ture and constitution of this place will admit, desiring, so
far as may be, to hold a correspondency with the whole
colony in that model that hath been lately shown unto us
by our worthy friends of the Island, if the Generall Courte
shall complete and confirme the same, or any other model
as the Generall Courte shall agree upon according to our
charter.

Thirdly. We desire to have full power and authority,
to transact all our home affairs, to try all manner of caus-
es or cases, and to execute all manner of executions, en-
tirely within ourselves, excepting such cases and execu-
tions as the colony shall be pleased to reserve to generall
trials and executions.

Fourthly. We desire to have full power and authority
to choose, ordain, authorize, and confirme, all our partic-
ular towne officers, and also, that the said officers, shall be
responsible unto our particular towne, and that there may
be no intermixture of generall and particular officers, but
that all may know their bounds and limits.

Fifthly. We desire to have an exact and orderly way
open for appeals unto Generall Courtes, that so, if any
shall be justly grieved, at any sentence passed, or other-
wise, he or they may make their lawfull charge for reliefe
there.

44 RHODE ISLAND COLONY RECORDS.

1647. Lastly. Whereas, it was hinted in that which our wor-
'-*"^'""*^ thy friendes [sent] unto us, that each towne should have
a charter of civil incorporation, apart, for the transaction
of particular affairs ; if the Courte shall proceed so far as
to agitate and order the same, then, we give you full pow-
er, on our behalfe, to move and procure any thing beside
these instructions, that in your wisdom you may conceive
may tend unto the generall peace or union of the colony
and our own particular liberties and privileges ; provided
you do all, or the most of you unanimously agree therein,
and always reserving our equal votes, and equal privileges
in the generall.

Thus betrusting you with the premises, we commit you
unto the protection and direction of the Almighty, wish-
ing you a comfortable voyage, a happy success, and a safe
return unto us again.

Your thankfull friends and neighbors,

ROGER WILLIAMS, Moderator.

POUTSMOTJTH RECORDS

1637 TO 164:7.

Deed from Cannonicus a?id Miantunnomu chief sachems of
theNarragansetts, of the purchase of the Island of Ac-
quedneck {Rhode Island) to William Coddington and
others. March 24, 1636-37.

The 24tli of y' 1st month called March, in y° yeare
(soe commonly caUed) 1637.

Memorandum. That we Cannonnicus and Miantunno-
mu y^ two chiefe Sachims of the Nanhiggansitts, by ver-
tue of our generall command of this Bay, as allso the
perticular subjectinge of the dead Sachims of Acqued-
necke and Ititackamuckqutt, themselves and land unto us,
have sold unto Mr. Coddington and his friends united unto
him, the great Island of Acquednecke lyinge from hence
Eastward in this Bay, as aUso the marsh or grasse upon
Quinunicutt and the rest of the Islands in the Bay (ex-
ceptinge Chibachuwesa formerly sould unto Mr. Win-
throp, the now Governour of the Massachusetts and Mr.
Williams of Providence) ;* allso the grasse upon the rivers

* The Island of Chibachuwese, now known as Prudence, was bought by
Roger Williams from the Indians (as stated in the above deed) , who held it as
a joint proprietor with Governor Wiuthrop. The following letter from the
Massachusetts Hist. Coll. vol. 3, gives the particulars of the transaction.

The last of the week, I think the 28th of the 8th.
Sir:
The bearer, Miantinomo, resolving to go on his visit, I am bold to re-

1637.

46 RHODE ISLA?^D COLONY RECORDS.

1637. and coves about Kitickamuckfiiitt and from these to Pau-
^-'-•-•^pansquatch, for the full payment of forty Mhom of white
beads, to be equally divided between us. In witnesse
whereof we have here subscribed.

Item. That by giveinge by Miantunnomus' ten coates
and twenty howes to the present inhabitants, they .shall
remove themselves from off the Island before next winter
Witnesse our hands.

The marke of CAUNONNICUB.

In the presence of

Qy<

Y^ marke of ^J Yotuesh.
Roger Williams,

The marke of

MIANTUNNOMU.

Rand ALL. HoLDEN,

Y** marke of /vy Assotemuet,

Y° marke of «e Mishammoh,
Caunonicus, his son.

quest a word of advice from you, coocerninge a proposition made by Caunoni-
cus and bimselfe to me some halfe yeare since. Caunnonicus gave an Island
in this Bay to Mr. Oldham, by name Chibackuv/esa. uppon condition as it
should seem, that he would dwell there ncare unto them. The Lord (in whose
hands all our hearts are) turning theare affections towards myselfe, they de-
sired me to remove thither and dwell nearer to them. I have answered
beca.use of the store of fish, Canonnicus desires that I would accept halfe, (it
being spectacle-wise, and between a mile or two in circuit, as I guess) and he
would reserve the other ; but I think if I goe over, I shall obtain the whole .
Your loveing counscll, how far it may be inoffensive, because it was once (upon

TOWN OF PORTSMOUTH. 4

This witnesseth that I, Wanamatraunemit y° at present 1638.
sachem, inhabitant of y*" Island, have received five fathom ^-^^-^^^^^
of wampum and doe consent to the contents. Witnesse
my hand.

Y« marke of WANAMATAUNEWIT.

In j"" presence of

Randall Holden.

Memorandum. That I, Ousamequin freely consent that
Mr. William Coddington and his friends united unto him
shall make use of any grasse or trees on ye® maine land
on Powakasick side, and doe promise loveinge and just
carriage of myselfe and all my men to the said Mr. Cod-
dington and Englisli his friends united to him, havinge re-
ceived of Mr. Coddington five fathom of wampum as gra-
tuity from himselfe and the rest.

Dated the 6th of the fifth month, 1638.

Y° marke of ;^ OUSAMEQUIN.

Witnesse,
Roger Williams,
Randall Halden.

A true copy per me,

FRANCIS BRINLEY, Recorder.
A true copy per me,

WILLIAM LYTHERLAND, Recorder.

m\QQ and agaiue, that for the present I mind not to remove ; but if I have it
from thorn, I would give them satisfaction for it, and build a little house and
put in some swine, as understandinge the place to have store of fish and good
feedinge for swine. Of late I have heard, that Mr. Gibbons, upon occasion,
motioned jour desire and his own of putting some swine on some of these
islands, which hath made me more desire to obtain it, because I might thereby
not onley benefit mjselfe, but also pleasure yourselfe, whom I more desire to
pleasure and honour. I spoke of it now to this sachem, and he tells me, that
a condition not kept,) Mr. Oldham's. So, with respective salutes to your kind
selfe and Mrs. Winthrop, I rest,

Your worship's unfeigned, in all I may.

ROGER WILLIAMS.
For his much honoured Mr. Governor, these-

RHODE ISLAND COLONY RECORDS-

Receipts by the Sachems on account of the sale of the Island
of Aquedneck {Rhode Island).

The 11th day of May, 1639.
Received by me Miantunnomu (as a gratuity) of Mr.
Coddington and his friends united for my paines and tra-
vel! in removeing of the natives off on the Ishmd of
Aquednecke, tenn fathom of wampumpeage and one
broadcloth coate.

MIANTUNNOMU.

A
A true copy of the originall entered and recorded.

pr. JOHN SANFORD, Recorder.

Dated May 14th, 1639.
Received of Mr. William Coddington and his friends
united to him, in full satisfaction for ground broken up or
any other title or claime whatsoever formerly had of the Is
land of Aquednecke, the full sum of five fathom of wam-
pumpeage and a coate.

VvV WESHAGANESETT, his marke.
AVitnesses,
MiANTONOMU, his marke.

Witness
Hugh Durdall.
Thomas Sabery -f his marke.
A true copy of the originall entered and recorded

pr. JOHN SANFORD, Recorder.

TOWN OF PORTSMOUTH.

June 20th, 1639.
Received from Mr. William Coddington and of his
friends united to him in full satisfaction of ground broken
up, or in any other title or claime whatsoever formerlye
had of the Island of Aquidnecke, the full sum of five fath-
om wampumpeage.

WANIMENATONI,

1639.

his marke.

Witnesses
William Cowling,
Richard S a well.
A true copy of the originall entered and recorded.

pr. JOHN SANFORD, Recorder.

The 22d of November, 1639.
Received by me Miantunnomu of Mr. William Cod-
dington and his friends united, twentie and three coates
and thirteen howes to distribute to the Indians that did
inhabit of the Island of Aquidnecke, in full of all prom-
ises, debts, and demands for the said Island, and allso
two tarkepes.

MIANTUNNOMU.

CAUNONNICUS.

Witnesse

q mompoucke,
Wampaminaquitt .
A true copy of the originall entered and recorded.

pr. JOHN SANFORD, Recorder,

RHODE ISLAND COLONY RECORDS.

Testimomj of William Coddington relative to the purchase
of the Island of Rhode Island from the Indians, April
14, lGo2.

Boston in Massachusetts Bay in New England.
uinKton',. Whereas there was an agreement of eighteene persons
cdffci.uut- {q make purchass of some place to the southward for a
plantation, whither they resolved to remove ; for which
end, some of them were sent out to view a place for them-
selves and such others as they should take in to the liber-
tie of freemen and purchasers with them. And upon
their view was purchased Rhode Island, with some small
neighbouring Islands and privileges of grasse and wood of
the Islands in the Bay, and maine adjoyninge. And
whereas the sale of the said purchass from the Indians hath
ever since layne in the hands of "William Coddington,
Esc[., which being a great trouble to the aforesyed pur-
chasers and freemen, I, the said William Coddington
Esq., doe by this writinge promise to deliver the said
deeds of the purchases, together with what records are in
my handes belonginge to the said purchasers and freemen
into the hands of such as the major part of the purchasers
and freemen shall appoint to receive them ; and doe here-
by declare, that I the said William Coddington, Esq.,
have noe more in the purchass of right, than any other of
the purchasers or freemen received, or shall be received in
by them, but only for my owne proportion. In witnesse
hereof, I have putt my hand this 14th April, 1652.

WM. CODDINGTON.
Signed in the presence of
Robert Knight,
George Muning.
A true copie of the original entered and recorded the
.7th of April, 1673.

per me, JOHN SANFORD, Recorder.

TOWN OF PORTSMOUTH. 51

William Coddington, Esq., aged aboute seventy-six 1638.
years, testifyeth upon his engagement, that when he was >--^-'-*--'
one of the magistrates of the Massachusetts Colony he
Avas one of the persons that made a peace with Caunnon-
nicus and Mianantonomy in the Collony's behalfe of all the
Narragansett Indians, and by order from the authoritie of
the Massachusetts a little before they made war with the
Pequod Indians. Not long after this, deponent went from
Boston to find a plantation to settle upon, and came to
Acquidneck, now called Rhode Island, where was a sa-
chem called Wonnumetonomey ; and this deponent w^ent
to buy the Island of him, but his answer was that Cau-
nonnicuss and Miantonomy w^ere the chiefe sachems, and
he could not sell the land ; whereupon this deponent,
with some others went from Aquidneck Island into the
Narragansett to the said sachems, Caunonicus and Mian-
tonmy, and bought the Island of them ; they having, as I
understood the chief command, both of the Narragansett
and Acquidneck Island ; and further saith not.

Taken upon engagement in Newport, on Rhode Island,
the 27th day of September, 1677.

Before P. Sanford, Assistant.

The above is a true copy of the original placed to re-
cord. Examined by me, February 11th, 1705.

Weston Clarke, Recorder.

52 RHODE ISLAND COLONY RECORDS.

1638.

.^..-^/ The 7th day of the first month, 1638.

We whose names are underwritten do here solemnly in
the presence of Jehovah incorporate ourselves into a
Bodie Politick and as he shall help, will submit our per-
sons, lives and estates unto our Lord Jesus Christ, the
King of Kings and Lord of Lords and to all those perfect
and most absolute lawes of his given us in his holy word of
truth, to be guided and judged thea^eby.

Exod. 24. 8, 4.

William Coddington, 2 Cron. 11. 3.

John Clarke, 2 Kings. 11. 17.

William Hutchinson, Jr.,

John Coggeshall,

William Aspinwall,

Samuel Wilbore,

John Porter,

John Sanford,

Edward Hutchinson, Jr., Esq.,

Thomas Savage,

William Dyre,

William Freeborne

Phillip Shearman,

John Walker,

Richard Carder,

William Baulston,

Edward Hutchinson, Sen'r,

Henry -|- Bulle, his marke,

Randall Holden.

The 7th of the first month, 1638.
We that are Freemen Incorporate of this Bodie Poli-
tick do Elect and Constitute William Coddington, Esquire,
a Judge amongst us, and so covenant to yield all due
honour unto him according to the lawes of God, and so far
as in us lyes to maintaine the honour and privileges of his
place which shall hereafter be ratifyed according unto
God, the Lord helping us so to do.

WILLIAM ASPINWALL, Sec'ry.

TOWN OF PORTSMOUTH. 5S

I, William Coddiiigton, Esquire, being called and chosen 1638.
by the Freemen Incorporate of this Bodie Politick, to be a '-^^■^''"*^-
Judge amongst them, do covenant to do justice and Judg-
ment impartially according to the lawes of God, and to
maintaine the Fundamental! Rights and Privileges of this
Bodie Politick, which sliall hereafter be ratifyed according
unto God, the Lord helping us so to do.

WM. CODDINGTON.

William Aspinwall is appointed Secretary.

It is agreed that William Dyre shall be Clarke of this
Body.

3d Month, 13 day, 1638.

At a Generall Meeting

upon publicke notice, there

being present

Mr. Coddington, Judge,

Samuel Wilbore,

Will. Hutchinson,

John Sanford,

John Coggeshall,

William Freeborne,

Edward Hutchinson,

Phillip Shearman,

William Baulston,

John Walker,

John Clarke,

Randall Houlden,

John Porter,

It is ordered, that none shall be received as inhabitants
or Freemen, to build or plant upon the Island but such as
shall be received in by the consent of the Bodye, and do
submitt to the Government that is or shall be established,
according to the word of God.

2. It is also ordered that the Town shall be builded at
the Springe,, and Mr. William Hutchinson is permitted to
to have six lots for himself and his children, layed out
at the Great Cove. EXP.

3. It is also ordered that a General Fence be made
from Bay to Bay, above the head of the Springe with five^^P^^^'^'
rayles, the charge to be borne proportionably to every
man's allottment. EXP.

RHODE ISLAND COLONY RECORDS.

4. It is ordered that every one of this Body shall have
for his present use one acre of Medow for a Beast, one acre
for a sheep, and one acre and a half for a Horse, to be
layd out at the discretion of Mr. Sanford and Mr. Wilbore
and John Porter, with what convenient speed may be, up-
on notice given of every man's severall Cattle. EXP.

5. It is further ordered, that every Inhabitant of this
Island shall be always provided of one muskett, one pound
of powder, twenty bulletts and two fademe of match, with
Sword and rest and Bandeiiers, all completely furnished.

6. It is ordered that the Meeting House shall be set
on the neck of Land that goes over to the Maine of the
Island wher Mr, John Coggeshall and Mr. John Sanford
shall lay it out.

At a Generail Meeting upon publicke notice, 20th of
the 3d Month.

PRESENT.

Mr. Coddington, Judge, William Freeborne,
Mr. Will. Hutchinson, John Walker,

Mr. John Coggeshall, Phillip Sherman,

Mr. Will. Baulston, Wm. Dyre, Cl'k.

Mr. John Sanford,
Mr. Samuel Wilbore,
John Porter,

7. It is ordered that the neck of Land by Mr. Esson's
house shall be sufficiently fenced in with jfive rayles at that
place where John Sanford, Will. Balston, and Philip Sher-
man shall appoint, for to lye as a common field belonging
to the Towne and the fence to be begun on the 2d day en-
suing.

8. It is ordered and agreed upon that every man's al-
lottment recorded in this Book shall be his sufficient evi-
dence for him and his, rightly to possess and enjoy.

TOWN OF PORTSMOUTH. 55

June 10.

9. It is ordered that Mr. Coggeshall, Mr. Sanford, and 1638.
John Porter shall lay out the allottments for the Towno '
and accordmg to orders, these allottments following are
layd out hy Mr. Coggeshall and IMr. Sanford.

Impr. To Mr. Will. Coddington a House lott of Six
acres, eight poles in breadth and 120 poll in length lying-
North and South, the breadth East and West along by
the side of the great pond.

Itt. Mr. Clarke 6 acres lying upon the west side of
the same, being of the same bredth and length.

Itt. To Wm. Dyre at the cove by the marsh G acres,
being 10 pole in bredth and 50 in length and bounded
round by the marsh.

Itt. To Mr. Wm. Hutchinson 6 acres being 10 rod in
bredth, bounded by the Great Cove on the East and 14 at
the West and so it runs 80 poles in length westward.

Itt. To Mr. Samuel Hutchinson 6 acres adjoining ly-
ing as the former on the North Side.

Itt. To Mr. Easton 6 acres is granted to lye next the
Cove on the North side of the Great Cove.
Itt. To Edw\ard Hutchinson, Senior, Idem.
Itt. To Edward Hutchinson, Junior, Idem.
Itt. To John Sanford, Idem, as it is marked out by
Trees.

Itt. To Mr. John Coggeshall 6 acres, 20 pole in^^'^"'^^'
bredth on the East and 96 feet long.

Itt. To Randall Houlden 5 acres large, 9 pole brodd
and 96 in length on the North side.

Itt, To Richard Burden 5 acres large 9 pole in
bredth, 96 long.

Itt. To Will. Balston 6 acres on the East side of the
Spring 10 pole on the West and 80 in length, and 14 at
the East.

10. It is also ordered and agreed upon by Generall
consent that Will. Balston shall erect and sett up a howese
of entertainment for Strangers, and also to brewBeare and

est side ol

56 RHODE ISLAND COLONY RECORDS.

1638. to sell wines of strong waters and such necessary provi-
^"^'^^-•^^ sions as may be usefull in any kind.

11. It is ordered, that Mr. Coggeshall and Mr. Sanford
are appointed to lay out 10 acres of plowing Ground for
Mr. Coddington, and 6 acres to Mr. Wm. Hutchinson for
the same use.

At a Gcnerall Meeting upon Publik notice the 27th of
the 4th month 1638.

PRESENT.

Mr. Wm. Coddhigton, Judge,Mr. Wilbore,
Mr. Wm. Hutchinson, John Porter,

Mr. John Clarke, Randall Houlden,

Mr- Coggeshall, Wm. Freeborne,

Mr. Balston, John Walker,

Mr. Edw'd Hutchinson, Sen., Richard Carder,
Edw'd Hutchinson, Jr., Henry Bull,
Mr. Sanford, Wm. Dyre, Cl'k.

It is ordered by Generall consent, that Wm. Balston
and Edward Hutchinson are chosen Sergeants of the
Traine Bands, and Samuel Wilbore, Clarke thereof and
Randall Houlden and Henry Bull are chosen Corporalls.

Whereas ther be divers, as well Inhabitants as Free-
men, who have taken up certaine proportions of Land in
the Island of Aquethnek ; It is ordered that they shall
pay in lieu thereof two shillings for every acre that they
doe enjoy and so the like summ to be payed of all such
who shall hereafter be admitted as Inhabitants into the
Island. And it is further ordered that these monies shall
be paid, the one half presently, and the other half at three
months end ; and it is further ordered that those who
shaU pay in their monies shall bring in a note unto the

TOWN OF PORTSMOUTH. 57

Company under the Treasurer's hand, his name and lands 1638.
then to be Registred in the Records according to a former ^-''^-''^"*-^
order, folio 1 number 8.

14. Mr. Wm. Hutchinson and Mr. John Coggeshall
are chosen Treasurers for the Company for one whole year
next ensuing, or untill such time as new be chosen.

15. It is ordered, that all such sumes of money as the
Treasurers shall receive, they are to dispose of and employ
by the Company's order, and no otherwise ; and to be ac-
countable for the same to the Company when they shall
require it of them.

16. It is ordered, that Mr. Hutchinson and Mr. Cogges-
hall Treasurers of the Company shall receive and dis-
charge such sumes of money as the Company hath com-
ming unto them, and is indebted by them ; the sight of
this order given under the parties hand that receives
them shall be their discharge.

17. It is ordered that Mr. Sanford with four others
shall presently repair the Highways between Titicutt and
Aquethneck, and to be paid out of the Treasury.

18. It is ordered that if any of the Freemen of this
Body shall not repair to the publick meetings to treate
upon the publicke affairs of the Body, upon publick warn-
ing (whether by beate of the Drumm or otherwise) if they
fayle one quarter of an houre after the second sound, they
shaU forfeitt twelve pence ; or, if they depart without
leave, they are to forfeitt the same summ of twelve
pence.

58 RHODE ISLAND COLONY RECORDS.

1638.

^^''^^^'^^^ ^Vt a Gcnerall Meeting on the 20th of the 6th mo,
1638, upon publick notice.

PRESENT.

Mr. Coddington, Judge, PhiUip Shearman,

Mr. Wm. Hutchinson, Rich'd Carder,

Mr. Clarke, Randall Houlden,

Mr. Willbore, Edw. Hutchinson,

Mr. Sanford, Will. Dyre, Cl'k.
Wm. Freeborne,

It is agreed that a pair of Stockes with a whipping
post shall forthwith be made and the charges to be paid
out of the Treasury.

20. It is ordered that those allottments which are to
be layed out for the Towne, are to be layed out eight
Rodd broad up along the spring, and six rodd broad along
by the water's side, and the length to be left to the fur-
ther consideration of the Body,

21. It is agreed this present 20th of the 6th by the
Generall consent of the Body present. That Mr. Richard
Dummer, Mr. Nicholas Esson, Mr. William Brenton, and
Mr. Robert Harding ai'e admitted as Freemen of this So-
ciety with them fully to enjoy the priviledges belonging
to that Body.

TOWN OF PORTSMOUTH. 59

1638.

At a Generall Meeting upon Publick Notice this 23d of
the 6th month [1638.]

PRESENT.

Mr. Cocldington, Judge, Mr. Edw'd Hutchinson,

Mr. Dummer, Mr. Brenton,

Mr. Esson, Mr. Willbore,
Mr. Hutchinson, John Porter,

Mr. Clarke, Wm. Freeborne,

Mr. Harding, Eich'd Carder,

Mr. Sanford, Randall Houlden,

William Dyre, Cl'k.

22. It is agreed that thirteen lotts on the west side of
the Spring shall be granted to Mr. Richard Dummer and
his friends, to witt, Mr. Stephen Dummer, Mr. Thomas
Dummer, Mr. Esson, Mr. Jefferyes, Mr. Doutch, Wm.
Baker, Mr. Spencer, Adam Mott, Robert Field, James
Tarr, Mr. Harding, and thess to build ther at the spring
at farthest, or else their lotts to be disposed of l3y the
Company.

23. It is ordered that a Howse for a prison, contain-
ing twelve foot in length and tennfoote in breadth and ten
foote studd, shall forthwith be built of sufficient strength
and the charges to be payed out of the Treasury. And
the oversight of the work being committed to Mr. William
Brenton.

It is ordered that the remainder of the Grass, which
is yet uncut at Hog Island shall be granted to Mr. Bren-
ton to mow this yeare for his necessity. E.X.P.

25. It is ordered that Mr. Richard Dummer, in regard
of a mill that he undertooke to build, which was conceived
to be usefull to the plantation, he should be accomodated
answerable to a Man of a hundred and fifty pounds estate
aUottments.

26. It is ordered that Mr. Richard Dummer with his •
friends, whose names are Recorded in the 22: order shall

60 RHODE ISLAND COLONY RECORDS.

1638. eytlier be accomodated with us in the present plantation
^^^--^'^ equall to ourselves, or in case there be not sufficient ac-
comodations here, then to accommodate them on some
other parte upon the Island.

27. It is ordered according to a former choyce that
Randall Iloulden shall be Marshall for one whole yeare.

At a Generall Meeting on the 15th of the 7th month,
[1638.]

PRESENT.

Mr. Coddington, Judge, Mr. Sanford,
Mr. Esson, Henry Bull,

Mr. Hutchinson, John Porter,

Mr. Coggeshall, Randall Holden,

Mr. Clarke, Will'm Dyre, Cl'k.

By virtue of a Warrant, George Willmore, George Par-
ker, John Lutner, John Arnold, Samuel Smith, Robert
Stanton, Anthony Robinson, John Yahun, being summon-
ed to appeare before the Body for a Riott of Drunken-
nesse by them committed on the 13th of the 7th month :
It was accordingly agreed and ordered in regard the de-
fault was different in some circumstances, That George
Willmore and George Parker should pay into the Treasury
5 shillings a piece, and to sett till the evening in the
Stockes ; and that John Lutner should pay 5 shillings and
sett one houre in the Stockes ; and that Samuel Smith,
Ro])ert Stanton, Anthony Robinson and John Vahun
should pay 5 shillings a piece as a fine for their default.

29. It is further ordered, that Mr. Esson, Mr. Cog-
geshall, and Mr. Willbore shall view all such damages
that are done upon the Corne and other fruits, and ac-
cordingly shall give information to y" Body.

TOWN OF POKTSMOTJTH. <31

1638.

At a Generall Meeting upon Publicke notice, the 5th
^fthe 9th month, 1638.

PRESENT.

Mr. Coddington, Judge, Mr. Sanford,

Mr. Hutchinson, Mr. Freeborne,

Mr. Brenton, Philip Sherman,

Mr. Clarke, Henry Bull,

Mr. Balston, / 7 John Walker,

Mr. Willbore, ' Randall Houlden.

Mr. Hutchinson, Wm. Dyre, Cl'k.

30. It is ordered, that on the 12th of this 9th month
ther shall be a generall day of Trayning for the Exercise
of those who are able to beare amies in the arte of military
■discipline, and all that are of sixteen yeares of age, and
upwards to fifty, shall be warned thereunto.

31. It is ordered, that Mr. Sanford and Mr. Jeffries
shall lay out the House lotts for the towne, three acres to
each house, to thoss that are not yett provided for ; and it
was further ordered, that those who were upon the first
discovery (and freemen) shall be provided according to
Six acres a howse lott as neare to their bowses as conven-
iently may be.

32. It is ordered, that Mr. Edward Hutchinson shall
Bake Bread for the use of the plantation, and that his
bread for the assize shall be ordered by the Body.

RHODE ISLAND COLONY RECORDS.

1638.

At a General! Meeting upon the Publicke Notice, the
16th of y*^ 9th, [1638.]

PRESENT.

Mr. Coddington, Judge, Mr. Hutchinson,

Mr. Esson, John Porter,

Mr. Hutchinson, John Sanford,

Mr. Clarke, Will. Freeborne,

Mr. Brenton, John Walker,

Mr. Coggeshall, Henry Bull,

Mr. Balston, Richard Carder,

Mr. Willbore, Randall Holden,

Wm. Dyre, Cl'k.

It is ordered, that John Porter and John Sanford shall
treate with Mr. Nicholas Esson, and shall fully agree with
him, in allowing of him sufficient accommodations for foure
Cowes and planting grownd as they shall think meett, all
which is for the setting up of a Water Mill which the
said Mr. Esson hath undertaken to build for the necessary
use and good of the plantation ; and further it is granted
to the said Mr, Esson that he shall have liberty to fall and
carry away any such timber as shall be of necessary use
for the present building of the Mill.

Forasmuch as John Lutner, Carpenter, is departed the
Island without leave or licence, and is found to be in-
debted to sundry persons ; It is therefore ordered, that Mr.
William Brenton and Mr. John Coggeshall shall seize upon
his howse and what he hath in the same, and shall satisfie
themselves and others of his Creditors, so farr as it shall
goe, being by them lawfully prayzed.

It is ordered that Mr. Coggeshall and Sargent Hutch-
inson, and Mr. Willbore, and Mr. Dyre, are appointed for
the Venison trade with the Indyans, and that they are not
to gi^e them above three half pence a pound in way of
trade, and that those truck masters doe sell forth the said

TOWN OF PORTSMOUTH.

Venison for two pence a pound ; a farthing for eac\\ pound 1638.
being allowed to the Treasury, and the rest be unto them- ^-'^-^^
selves for their attendance thereon.

At a Generall Meeting

; of the Body on the 2d of the

11th month, 1638.

PRESENT.

Mr. Coddington, Judge,

John Porter,

Mr. Esson,

Randall Holden,

Mr. John Clarke,

Wm. Freeborn,

Mr. Coggeshall,

Adam Mott,

Mr. Brenton,

John Walker,

^Ir. Jeremy Clarke,

Henry Bull,

Mr. Willbore,

Rich'd Carder,

Philip Sherman,

AVm. Dyer, Cl'k.

By the

consent of the Body.

is agreed.

That such who shall bee chosen to the place of Eldership,
they are to assist the Judge in the Execution of Justice and
Judgment for the regulating and ordering of all offences
and offenders : And for the drawing up and determining of
all such Rules and Laws as shall be according to God,
which may conduce to the Good and Wellfare of the Com-
monweale. And to them is committed by the Body the
whole care and charge of all the affairs thereof. And that
the Judge together with the Elders shall Rule and Gov-
€rne according to the Generall Rule of the word of God,
when they have no particular rule from God's word by
the Body proscribed as a direction unto them in the case.
And further it is agreed and consented unto. That the
Judge with the Elders shall be accountable unto the Body
once every Quarter of the year (when as the Body shall be
assembled) of all such cases, actions and Rules which
have passed through their hands ; by them to be scanned

64 RHODE ISLAND COLONY RECORDS.

1638. and weighed by the word of Christ. And if by the Body
•-^-^^-^' or any of them the Lord shall be pleased to dispense light
to the contrary of whatt by the Judge and Elders hath been
determined formerly, that then and there it shall be re-
pealed as the act of the Body. And if it be otherwise ,
that then it shall stand till further light concerning it
for the present, to be according to God, and the tender
care of Indulgent Fathers.
Given this 2d of 11th, 1638.

WILL'M DYRE, Cl'k,

The votes being unseal' d upon this conclusion, and the
Providence casting it upon Mr. Esson, Mr. Coggeshall and
Mr. Brenton, it was further ratified as followeth, viz. :

By the Election of the Body, Mr. Nicholas Esson, Mr.
John Coggeshall and Mr. Brenton are chosen and called
on unto the place of Eldership to assist the Judge in the
Execution of Justice and Judgment for the regulating and
ordering of all offences and offenders, and for the drawing
up and determining of all such Rules and Laws as shall be
according to God, which may conduce to the good and
wellfare of the Commonweale, &c., as aforesayd.

It is ordered, that Mr. John Clarke, with Mr. Jefferies,
and John Porter, and Richard Burden, shall survey all the
Lands near abouts, and shall bring in a Mapp or Plott of
all the s'd lands, and so to make Report to the Judge and
Elders, Avhereby they may receive information and direc-
tion for the distribution to each man his Property.

It is ordered, that M\\ Jefferics and Will. Dyre shall
lay out and measure the home allotments.

These particular cases, vizj To deal with Wm. Aspin-
wall concerning his defaults, as also concerning Invasions
forreinc and domestick, as also the determination of Mili-
tary discipline, and the disposing of the lands, as well the
howse lotts and impropriations, is committed to the Judge
and Elders to agitate and dispose of.

TOWN OF PORTSMOUTH.

The 24th of the 11th month, [1C38.]
The Body being assembled with the Judge and Elders
it was agreed (as necessary) for the Commonwealth, that a
Constable and Sargeant should be chosen by the Body to
execute the Lawes and penalties thereof, viz.: The Con- ^le's^omce*"
stable is to see that the peace be kept, and that there be
no unlawfuU Meetings, or any thing that may tend to
Civill disturbance practised ; and furthermore he is to in-
form in Generall of all manifest Breaches of the Law of
God, that tend to civill disturbance, and that he hath au-
thority to command partie or parties, one or more, as need
shall require, to assist him in the discharge of his office.

The Sergeant he is to attend all Meetings of the Judge
and Elders, and to execute the sentences of y° Court ; and
he is to serve all warrants directed unto him ; and to in-
form of all breaches of the Lawes of God that tend to JJ^^^^f^^^-^
Civill disturbances : And further he is to keep the prison, *"'°-
and such who shall be Committed unto his custody with
all safety and diligence. And unto him is granted au-
thority to command partie or parties, one or more as need
shall be, to assist him in the discharge of their severall
offices.

Samuel Willbore by the consent of the Body is chosen
Constable, and is invested with the authority aforesayed,
and what else shall be found meet to concurr with that of-
fice of Constableship.

Henry Bull is by consent of the Body chosen Sergant,
and invested with the authority aforesayd, and what else
shall be found meet to concurr with that office of Ser-
geantship.

It is ordered, that the prison formerly agreed upon shall
be proceeded withall, and finished ; and that Mr. Esson

RHODE ISLAND COLONY RECORDS.

1638. shall assist Mr. Brenton in the worke, and then that it be
-""'"^^sett neare or jojned unto the howse of Henry Bull,
Sero'eant.

BY THE JUDGE AND ELDERS,

ON THE 7th, 12th month, (1G38-9).

Richard Maxon, Blacksmith, upon complaints made
against him, was accordingly detected for his oppression
in the way of his trade, who being convinced thereof,
promised amendment and satisfaction.

Osamond Doutch, upon complaint and information
against him concerning damage and wrong done by him,
promised to give satisfaction when his accusers shall be
produced, and thereupon bond taken of him with the en-
gagement of his Shallop to the performance of the same.

Thomas Boeder, John Marshall, Robert Stanton and
Osamund Doutch are admitted as Inhabitants.

Mr. Aspinwall being a suspected person for sedition
against the State, it was thought meet that a stay of the
building of his Bote should be made ; whereupon y^ work-
man was forbidden to proceed any further.

TOWN OF PORTSMOUTH. 67

1C38.

On the 21st, 12th [month], 1638. ^----~

It is ordered, that the neck of Land lying in the Great
Cove, containing about two acres or thereabouts, one cor-
ner whereof butting upon Sergeant Hutchinson's, and
lying Northeast and Sonthw^est, joining to the Maine of
the Island, is granted to Mr. Samuel Willbore, for him
and his rightly to possess and enjoy, and is to go as a
part of his second division, which is to be layd out
hereafter.

It is ordered, that that lott which was reserved for Val-
entine Hill is granted to Sergeant Hutchinson as part of
his second division, if so be Valentine Hill doth not come
to Inhabitt and build thereon.

Joseph Clarke, Kobert Carr and John Driggs are ad-
mitted Inhabitants.

It is ordered, that the Swine that are upon the Island
shall be sent away from the plantation six miles up into
the Island, or unto some Islands adjacent, by the 10th of
the 2d, 1639, or else to be shutt up that so they may be
iaoffensLve to the Towne.

On the 6th of the 2d [month], 1639.
Whereas, ther was an order by the Body that Mr. Es-
son, Mr. Coggeshall and Mr. Willbore should take a view
of the severall damages done by the Cattle of severaU
heards of Cattle ; and accordingly to give information,
which being done, we, the Judge and Elders doe further or-
der that every one who shall come to make demand thereof,
shall have liberty to demand of every such person whose
Cattle hath done the harme according to the information
given in by them ; and that if such persons shall refuse to
pay, that then both parties shall in time convenient repair

68 RHODE ISLAND COLONY RECORDS.

1639. to the Court, and there in a legall way according to God

'-«'"~'^"*^ implead each other ; and that if any shall refuse to make

their personal appearance, that then warrants shall be

granted for the destraining for the due satisfaction of the

endamaged.

It is ordered that those parcels of Grownd which were
planted the last yeare by severall persons ; That they
shall have libertie to plant it also this yeare ; and then all
parcels of Lands to returne unto the Towne, or to such
to whom the Land shall be appropriated unto for any
charge concerning it, shall be left unto the arbitration of
such who shall be thereunto appointed.

It is ordered, that all such Hoggs as shall be found
Avithin the Towne after the 10th of the 2d, shall pay two
pence for each hogg ; and it shall be lawfull for any man
to take them up and retaine them in their Custody till the
said Summ be paid ; and that the owners thereof, forth-
with upon the deliA^ery, shall convey them away, that they
be no more offensive, and the Sargeant shall see that this
Law be devvdy executed.

It is further ordered, that a place for y*" impounding of
Cattle shall be made and sett up in some convenient place
of each Towne, and that the Treasurer shall see it accom-
plished and satisfie for it within 30 days after the 5tli of
May, 1640.

It is ordered, that in regard of the many Incursions that
the Island is subject unto, and that an Alarum for the se-
curing the place is necessary therefor ; it is thought meet
for the present that an Alarum be appointed to give notice
to all who inhabit the place, that they may forthwith re-
pair and gather together to the Howse of the Judge for
the defending of the Island or quelling any Insolences
that shall be tumultuously raysed within the Plantation.
Therefore, the Alarum that we appoynt shall be this.
Three Musketts to be discharged distinctly, and a Ilerauld
appointed to goe speedily throw the Towne and crye Alar-

TOWN OF rORTSMOUTH.

um, Alarum ! Upon which, all are to repaire immedi- 1639.
ately to the place aforesayecl. 's-.»->^-«fc,-

On the 28th of the 2d month, 1639.
Upon the complainte of Jeffrey Champlin in the he-
halfe of a debt due to William Cowley and himselfe from
Mr. Aspinwall, warrant was granted forth, for the attach-
ment of his shallopp till both that debt and other actions of
the case be satisfied and discharged by him.

[The Newpoi't Colony separated at this time, as wil! shortly- appear. Their
records commence on this day, the 28th of the 2d month, April, 1(J39, and are
complete and continuous after. That colony being the largest, seems to have
taken with it, and continued the Portsmouth records, which have been followed
up to this time. From this date, for the continuation of the Portsmouth re-
cords, we have resorted to the town records, which have been followed to the-
period of the union of the four towns in 164*7. The first part of these records
are either mutilated or obliterated, and past recovery. The greater portionr
however, relate to grants of land and other matters of a local nature. The
agreement entered into, is nearly entire and follows, together with som^e othcs'
brief records.]

70 RHODE ISLAND COLONY RECORDS.

1639.

^-v^' Aprill the SOth, 1639.

We, whose names are under [written doe acknowledge]
ourselves the legall subjects of [his INIajestie] King
Charles, and in his name [doe hereby binde] ourzelves
into a civill body politicke, unto his lawes according to
matters of justice.

Will'm Hutchinson, w T. Havenz, WH marke,

Samuel Gorton, George Chare, ^

Samuel Ilutcliinson,

John Wickes, George Lawion,

Richarde Maggsen, Anthony Paine, C l^is marke,

Thomas Spicer, Jobe Hawkins, H marke,

John Roome, R marke, Richard Awarde,

John Sloffe, I marke, John Mow, [SJ his marke,

Thomas Boeder, Q marke, Nicholas Browm, fsj his marke,
Erasmus Bullocke, Will'm Richardson, f marke,

Sampson Shotten, John Trippe,

Ralph Earle, Thomas Layton, T l^is marke,

Robert Potter, Robert Stainton, 3 liis marke,

Nathanyell Potter, 11 marke, John Briggs, his f niarke,
George Potter, f marke, James Davice, i~l"|, his

[marke.

ApriU 30th, 1639.

According to the true intent of the [foregoing instru-
ment, wee] whose names are above particularly [recorded,
do agree] joyntly or by the major voice to g[overne our-
selves by the] ruler or judge amongst us in all [transac-
tions] for the space and tearme of one [yeare, he]

behaving himselfe according to the t[enor of the same.]

We have freely made choice of to

be ruler or judge among us.

We have also, for the help and ease [of the conducting
of] public business and affairs for [the colonies] for one

TOWN OF PORTSMOUTH. 71

yeare, allso chosen unto him William Ballston, William 1639.

Freeborne, John Porter, John , John AVall, Philip ^--'^--*^

Sherman, as allso William Aspinwall to lay out lands as
they shall be disposed.

We have also made choice of ....... .

amongst us for this yeare ensuing.

It is appoynted that there shall be [a court held every]

yeare, every quarter, one for

to doe right betwixt man and [man — a] j[ury of twelve
men ; as also it is [ordered, that] the eight men chosen
unto him [shall hold a] meeting amongst themselves, to
consult [together] ; as also to put an end to any contro-
verzey, if it amount not to the valine of fortie [shillings].
The Judge, with the rest of the eight men [shall decide it]
if brought to y^ publicke Court.

At a monthly meeting, y° 1639.

Job Hawkins was granted one house lott neare y" west
side of the swampe, to build on within one yeare, or be
forfeit at y^ yeares end.

It is ordered, that y® meddow above — — , be laid

out according to each man's apportion.

At a monthly meeting held the last Thursday, it is or-
dered, that no man shall sell hm lott or offer it to y° boddy
here in Portsmouth.

It is ordered, that John Poller and Thomas Spicer
shall [receive from y'] inhabitants of y^ lastly purchased
meddows, theire monies for this yeare, and bring it to y'
[Towne].

72 RHODE ISLAND COLONY RECORDS.

1639.

[At monthly meetings held on the last Thursday of the
7th, 8th, 9th, 10th and 11th months, 1639, lots are
granted to John Alborah, John Pane, — — Freeborne,
John Vane and others, all on condition that they shall
build on them within a year, or forfeit them. These
records are much defliced and cannot be made out entire.]

At a quarter meeting of the first of y"" 5th month,
1639.

[It is agreed], that every man that hath a house lott
shall build upon the same within one [yeare after, or] he
loseth it.

Mr. Thomas Spicer and Robert Potter are chosen sur-
veyors for y"" highways and ....... come

in two, foure, or six dayes at .... . this, and

y*" 29 of 7th month next ; and if the next ....

. as he cannot come or procure a man, he .
. . . day to y" surveyor, and the surveyors to
[make report to] y° Court at y® yeares end.

It is agreed upon, to call this town Portsmouth.

To Richard Hawkins is granted one house lott to build
upon in one yeare, or to be forfeited.

To Thomas Slaid is granted one house lott upon y^ same
tearmes.

To Mr. Thomas Waite, one house lott next Mr»
Wickes.

To Edward Fisher, one house lott next him.

TOWN OF PORTSMOUTH.

At a Quarter meeting y^ first Tliursday, 1639, Mcliolas
Browne dotli dismisse himselfe of tlie government lieare.

At a meeting the 10th of y® 12th month, 1639, and
further confirmed y® 18th of the same month.

It is mutually agreed by the purchasers that those
quantities of graine in the places fol-
lowing :

William Hutchinson, four hundred acres ....

. north side of y*" salt crick at Sachueast and bounded
on the west, and soe to run northward.

John Sanford, two hundred and fortie acres.

William Aspinwall, two hundred acres .....
Sandy point of the same side, to pay

Philip Shearman, two hundred acres from the towne of
y® same side.

William Freeborne, one hundred and fortie acres .
. at his little meddow, and soe south west.

John Walker, one hundred acres, next .

William Baulston, two hundred and fortie acres

brooke, on y*" north east end of his meddow.

John Porter, two hundred and fortie acres.

Edward Hutchinson, two hundred acres

and if there be no meddow within his land of two acres, he
is to have two Porter's meddow.

Richard Carder, thirtie acres next.

RHODE ISLAND COLONY RECORDS.

The 22d of

It is granted at a piiblicke meetinge, held at Ports-
mouth, that there is libertie [given] for men to get a shipp
load of ... . and pipe staves, and clapboard un-
der directions of the towne of Portsmouth. That these
men which doe proportion [said articles] shall bringe in
the commodities unto [the towne], and tliey shall part
with .... which the .... for the stuff

such pays as men are able to [give in]

. or goats, or hogges, or other .... They
saye men shall get noe .... at the sayd towne
of Portsmouth . . . . to see to gett plankes and

Second day of November, 1642.

First, It is ordered, that whosoever shall [be possessed]
of land whereuppon Thomas Gorton hath [built a] house,
shall keepe the ferric.

Also, it is ordered, that the ... . necke of land
where uppon his .... unto him by the towne.

TOWN OF PORTSMOUTH.

At a town meeting, the 26tli of Aprill, for y' town of
Portsmouth, held at Mr. Marlbourn's.

The Deputie Governor, he will lend unto ....
one yearling steere.

Mr. Potter, hee will lend one yearling.

Mr. Baulston, one calfe. Ralph Keerd, one yearling.

Adam Mott, one yearling goat.

Richard Borden, one yearling goat.

Ralph Howland, one yearling.

John Briggs, one shote.

Thomas Borden, one bushell of wheat.

William Freeborn, one bushell of wheat.

Mr. Cornell, one goat.

It is ordered, and agreed, that the forty [acre] fields
are to be made up by the 10th of ... .

It is ordered, that the hoggs [be driven] away out of
the corne lotts by [the owners] ; and for every hogge
that is found in [them] after the 1st of March, to pay .

At a meeting, the 4th of the 12th month, 1640.
It is ordered, that Mr. Porter, and Mr. , [be au-
thorized] to laye out for Mr. Samuel Hutchinson,
. in the south east neck on the common .
[acres] unto them both. Ruphus Barton to have .
. . . Mr. Hutchinson to lye next .... of
seven acres on Pocasset side.

It is further ordered, that Mr. Samuel Wilbour [have
. . . . [acres of land in consideration of six acres,
he shall have [given to] Lieutenant Ballston.
6

76 RHODE ISLAND COLONY RECORDS.

1640. It is ordered, that Mr. Balston, Mr. Cornell, and

[have] a piece of meddow in the common fence on the
south side of ... . they fence it in at their own
cost.

Itt is further ordered, that oulde Mr. Barton shall have

on the Island, a piece of meddow for that

and fensing that from the sea.

It is further ordered, that Henry Bull shair[have the]
north field, and that Goodman Barton shall have . . .
. plant where Mr. Porter and Lieuftenant Balston.

It is ordered, that Lieuftenant Baulston [shall have] a
millwright to build a mill, whose charge [shall be to] the
Treasurie.

The 25th of February, 1642.
At a towne meetinge.

William Shelbourne and James Badcock are admitted
inhabitants of the town of Portsmouth.

At a meeting of the free inhabitants of the Towne of
Portsmouth, the 13th of the first month, [March, 1643],
at the house of William Cry, voted, that
Joseph Sheffield be chosen moderator.
John Borden, and Daniel Wilcocke are chosen to the
grand inquest at Newport.

Thomas Manchester, }
Tobias Brown, V are chosen jurymen.

Robert Hodgson, J
Voted, that this meeting be dissolved.

TOWN OF PROVIDENCE.

5th of October, 1643.

It is ordered, at a Towne meeting in Portsmouth, that
Richard Morise and James Badcocke [shall look] up all
the armes in the ToAvne w[ithin] the month above writ ;
and that .... and John Briggs shall go to every
house and [see] what armes are defective ; and that the
men whose armes are [to be handed] in to be 'mended by
the time abovesaid. If the armes be not brought in time-
ly, to forfeit five shillings.

It is further ordered, that every man shall have foure
pounds of shot lying by him, and two pounds of powderj,
and to have it in readiness by the 24th of this month.

It is further ordered, that upon the 24th day of this
month, there be a generall trayning of the men ; and that
every man be in readiness at the beate of the drum.

It is ordered further, that the lot laid out to Robert Bel-
low at the first brook, he shall enjoy it ; he using his
trade for the benefit of the towne.

It is ordered further, that five acres be layed out to
John Porter next unto the swampe down to the sea in
satisfaction for ten acres of land, which is the land granted
to William Woodwell.

It is ordered, that ten acres of land be laide out to
James Badcocke at the first brooke, next the footpath
eastward ; being ten rods next .... for a high-
way.

It is ordered, that Thomas Fish shall have ....
. acres of lande at the first brooke. James Bad-
cocke towarde the head of said brook.

It is ordered, that there shall be no more lande layd
out next the first brook.

It is ordered, that James Sands shall have the remain-
der of the lande not laide out next the rounde medowe,
and the end of ... . provided, there be a hie-
way left for John Porter to the sea.

78 RHODE ISLAND COLONY RECORDS.

1643. It is further ordered, that there shall be a Towne watch
*-*"^^^' kept every night ; and those that keep it shall be paid
out of the Treasurie.

[An entire page is here obliterated.]

Thomas Cook is received an inhabitant, and has given
Ms engagement unto the government.

ffrancis Braitten is received an inhabitant, and has given
engagement unto the government.

Thomas Genings is received an inhabitant, and has
given engagement unto the government.

Thomas Cook hath propounded for a lott.

Ffrancis Braitton hath propounded for a lott.

It is ordered, that the lott that was granted unto Good-
man Holyman is forfeited unto the Towne by reason
there was an order that men should build uppon theire
lotts by such a tyme, which hee hath not done ; and
therefore the towne does dispose of it, as they see good ;
provided, that if there bee any thinge about it that injoyed
usefuU, he is to be satisfied for it.

It is ordered, that Mr. Baulston and Mr. Wilbour are
chosen by the towne to view the fences, [and see how] it
shall rune, and that they see it divided rightly.

It is ordered, that Mr. Porter is chosen to see the
Newport men, that they would be pleased to ... .
noe interest nor tytle in that 100 acres of land that they
owe unto the Dep't for the Towne if willing to accommo-
date him with as much conveniency to his farme as may
be.

TOWN OF PORTSMOUTH.

At a Generall Towne Meetinge at Portsmouth, 1st of
March, 1643.

[An entire page is here obliterated.]

It is further ordered, that whenever there was land
granted to Nicholas Browne about the towne ; and other-
wise disposed of, it is to him to have twentie ackers at
the head of Goodman Mott's lotte, or thereabouts.

It is further ordered, that Thomas Gorton have ten
ackers of lande granted unto him, on the other side of the
brooke, right agaynst James Badcocke, to be layed out at
the ser .... of the lottes, in case Goodman
Emeres be still unwilling that the sayd Thomas Gorton
shall enjoy the twentie ackers, for that was formerlie his ;
and if Goodman Emmerge will have the ten ackers, then
Thomas Gorton is to have the twentie ackers.

It is further ordered, that John Trip have granted three
ackers of land joyning unto Thomas Gorton, either syde of
him, as should be judged meet by the latter.

That is to say, if that ten ackers which is granted unto
Thomas Gorton, or to Goodman Emeries .... if
they enjoye it.

It is further ordered, that those last orders about trayn-
ng, and for every man to have so much powder, and so
many buUetts, and so the forwarning is to stand still in
force ; and also that every man do come armed unto the
meeting upon every sixth day.

RHODE ISLAND COLOKY RECORDS.

The 10th of April!, 1643.

It is ordered, and the towne hath chosen, that Mr.
William Brenton is to order the dayes of trayning [and]
judge [what is] to be the convenient tyme.

Mr. William Baulston and Captaine .... [are
to go] to every inhabitant [in Portsmouth and] see wheth-
er every one of them has pow^der, and what bulletts run,
within ten days of the [trayning.]

Every one deserting is to forfeit five shillings.

Ordered, that the constable work the 15th of this
month, and that every man [carry] armes with them unto
the meeting the sixth daye.

It is further ordered, that if there be any Indians
skulking about in any part of the Island, thought to be
suspicious, the magistrates are to send forth a man and
layde with .... then before them.

At a meeting of the 27th of May, 1644.

*******

It is further ordered, and the Towne hath granted unto
John Briggs three ackers of lande, lying next the upper
end of his house lotte.

John Sand have three or foure ackers granted unto
him, lyinge at y° head of John Briggs lotte, or at y® dis-
cretion of the latter.

The Towne desire goodman Mott, Lieuf tenant Samfford,
and goodman Borden, or any tow of them, to accommo-
date Adam Mott at the upper end of his lower lott, and
Samuell Willson at y** upper ende of his owne.

The Towne have granted unto Edward fl&sher and

TOWN OF PORTSMOUTH. 81

Thomas Wright, and Thomas Brookes, and goodman Haw- 1644.
kins, an addition of lande at y° upper end of their lotts, v^^-v-*^
what the latter see convenient, and John Roome.

The Towne hath granted unto William Hall and Thomas
Geninges, that parcell of lande that lyes betweene Mr.
Barton's lott, and that which was Ruffus Barlton's to be
equally divided between them.

It is ordered, that Henry Knowles shall cut his lott
shorter at y'' discretion of Lieuftenant Sanfford and good-
man Borden and goodman Mott.

The towne have granted unto William England and
William Havens four ackers a piece, lying next unto
Henry Knowles' ; provided, it leave y*" highway and y""
mill.

[Agreeable to] publicke notis to all the freemen, at a
towne meeting this 29th of August, 1644.

It was ordered, that the Deputie Governour, and one
of the Assistants shall appoint all the Towne meetings.

It is further ordered, that at which meetings that the
freemen there assembeld shall have full power to transact
all such business as shall be presented to them ; and the
same to stand as firmly as if they were all present ; they
all having lawfull warning. And whomsoever shall not
make his appearance within halfe an houre after the time
appointed, shall forfeit two shillings.

It is further ordered, that Ousamequin with ten men
shall have leave to kill ten deare uppon this Island within
the libertie of Portsmouth ; and the forementioned deare
they shall bring to the towne to Mr. Brenton and Mr.
Baulston, and they to view them ; and neither Ousame-
quin nor any of his men shall carry any dee re or skins
off from the Island, but at the towne of Portsmouth ;
and to depart from off the Island within five dayes.

82 RHODE ISLAND COLONY RECORDS.

1644. It is further ordered, that Mr. Baulston shall have nine
'^*''^-'"**-' pound a yeare for John Mott's washing and diett ; and
what bedding he shall want, shall be [bought] by the
Towne.

It is further ordered, that [all the Indians] in the
Towne shall depart [forthwith] to live in the woods with
[their effects]. [If they appear again] [they shall forfeit

At the same Towne meetinge. It is further ordered,
that Mr. Brenton, Mr. Baulston, Mr. Cornell, have [a cer-
tain] parsell of lande butting upon Mr. Porter's round
meadow ; and if the aforenamed three men do approve of
it, then James Sand is to have ten acres of land formerly
granted to him by the Towne, there to be layd out to
him.

At a generall Towne meeting of the freemen, this 14th
of November, 1644.

It is ordered, that Mr. Brenton and Mr. Porter are to
appoint the Towne meetings from time to time.

It is ordered, that Mr. Baulston is made Treasurer.

It is further proposed, that "William Almy, and John
Roome, John Anthony are to have lande at the wading

TOWN OF PORTSMOUTH.

At a publicke Towne meeting of freemen, the 23cl of
December, 1644.

Whereas, at the manier part of freemen were present,
at which meetting it was mutually agreed, that the right
and priviledge of the landes undissposed of, remaines in
the bodye of freemen as it was mutually agreed upon at a
publicke meetting on the 15th of November last past ; that
the freemen which are the possessers, have onley power to
dispose of the lande that is to be dissposed of ; and who-
soever shall alter this agreement, we shall protest against
them.

It is further ordered by a mutual consent, that no more
landes shall be layed out within the boundes of the com-
mons ; as namely, the commons soe called ; and from
John Brigg to the further brooke on the southeast side ;
so from the brooke to the great swamp ; that is to say,
the willow swamp footpath ; so to Robert Ballow's brooke ;
from thence to round meadow, and so to John Tripp's ; and
from Robert Ballow's to John Hall's ; and all the common
about the Towne undisposed of at this day, so to remaine
to the Towne forever.

It is ordered, that the armes belonging to the body of
freemen, shall remaine in the hands of Mr. Boylston and
Mr. Wilbour, untill further orders.

RHODE ISLAND COLONY RECORDS.

It is agreed at the meeting, November 28th, 1846.

That the Towne shall have lawfull warning to Towne
meetings, and then if they come not above nine, those
nine shall have power to transact, and do such business as
there is to be done.

It is further ordered, that the business of such meeting
[the] days shall be specified in the warrant of warning to
the meeting.

It is further agreed, that no person or persons shall be
accounted an inhabitant unless he or they be lawfully re-
ceived by the town, concerning to former order.

At a meeting, February the 4th, 1646.

It is ageed to concur with Newport in an order that
there shall be no shootinge of deere for the space of two
months ; and if any shall shoot, he shall forfeit five
pounds ; halfe to him that sueth, and the other halfe to
the Treasurie. The reason of this order is, that the
wolves the more readily come to baytc that they may
be catched for the general good of the Island.

At the same meeting, it is granted to Mr. Thomas Cor-
nell a hundred acres of lande at the further syde of Wad-
ing river ; and so rune from the river towards that lande
that was layed out to Edward Hutchinson.

At the same meeting it is granted, that Nicholas
Browne shall have twentie acres added to his other
twentie ajoyning to it.

It is further ordered, that there shall be a pathway
laide out at the head of William Awards lott from the sea
to Newport path.

It is further ordered, that the line shall run straight

TOWN OP PORTSMOUTH. 85

from the corner of Mr. Gorton's lott to the corner of Mr. 164(*».
England's lot at the head of those between. v-**--.-*^

Memorandum. That whereas, Nicholas Nyles, the
father-in-law of Abell Potter, hath [1)ound him] the
said Abell Potter with Mr. William Balstone for the
terme of eighteen yeares, with the consent of the said
Abell. For the better securitie off Mr. Balston, the
towne consenteth herein and approveth thereof.

It is ordered, at the same meeting, that Samuel Wil-
bour, junior, shall rune his fence streight at the upper
end of his lots.

It is ordered, that the wolfe catcher shall be payed out
of the treasurie, and that he that killeth a wolfo shall
come to Mr. Balston and Mr. Sanford for theire pay.

It is further ordered, that Newport shall pay four
pounds for the killinge of a wolfe, and Portsmouth twentie
shillings.

It is ordered, that Mr. Sanford and Richard Carder
shall continue to laye out such landes as are given by the
towne.

It is ordered, that George Parker shall be quitted of
the treasurie pay for his lande, for his service in his office
to this day ; (being for thirtie acres of lande.)

It is further ordered, that there shall be noe shootinge
of deere from the first of May till the first of November ;
and if any shall shoot a deere within that time he shall
forfeit five pounds ; one halfe to him that sueth, and the
other to the Treasury.

Mr. Porter and Mr. Sanford are chosen to propound to
the Generall Court that the line may be viewed and layed
out between Newport and this Towne.

It is granted, that Thomas Wright and Edward Fisher
shall have thirtie acres of lande a piece, twixt the head of
Wading river and Newport path.

NEWPORT RECOEDS, ^

1639 TO 1647.

PocASSET. On the 28th of the 2d [month], 1639.

It is agreed.
By YS whose hands are underwritten, to propagate a
Plantation in the midst of the Island or elsewhere ; And
doe engage ourselves to bear equall charges, answerable
to our strength and estates in common ; and that our de-
terminations shall be by major voice of judge and elders ;
the Judge to have a double voice.

PRESENT.

Wm. Coddington, Judge, John Clarke,

Nicholas Easton, ^ Jeremy Gierke,

John Coggeshall, } Elders, Thomas Hazard,

William Brenton, J g^j^^y B^^^

William Dyre, Cl'k,

RHODE ISLAND COLONY RECORDS,

16th, 3d [montli], 1639.

It is agreed and ordered, that the Plantation now
begun at this South west end of the Island, shall be called
Newport ; and that all the landes lying Northward and
Eastward from the said Towne towards Pocassett, for the
space of five miles, and so cross from sea to sea, with all
y® landes Southward and Westward, bounded with the
raaine sea, together with the small Islands and the grass
of Cunnunnegott, is appointed for the accommodation of
y° said Towne.

It is ordered, that every such servant as shall abide
with any of us that first came forth, shall upon their due
admission, have ten acres of lande given unto them
gratis.

It is ordered, that the Towne shall be built upon both
sides of the spiing, and by the sea-side. Southward.

5th of 4th [month].

It is ordered, that all the meadow groundes lying within
the circuitt and bounds of Newport, shall be layed out
after the rate and proportion of twentie cowes meat to a
division of three hundred acres of upland ; and it is or-
dered, that Mr. John Clarke, Mr. Jeffreys, Tho: Hazard,
and Wm. Dyre, or any three of them by the major vote,
shall proportion it forth dewlie ; and that the said com-
panie which shall laye it forth, shall have have foure
pence an acre for every acre.

About the same time, the Secretarie being absent, and
the body meeting, they did agree that the Lande might
reasonably accommodate thoss that were, and as many as
would be, fiftie families ; which agreement being left

TOWN OF NEWPORT.

with Mr. Easton, is not readily to be found ; but y' there IGoO.
was such an agreement most then and there present, do ^-*'^'^*-
confidently remember, therefore a space I leave to in-
sert it.

It is ordered, that the home allottments shall be foure
acres a piece, layd out conveniently where the ground af-
fords, and that Mr. Coddington shall have six acres for an
Orchard laid out as conveniently as cann bee.

11th of the 5th month.
It is agreed, y' Mr. Clarke and Mr. Jeoffreys and Wm.
Dyre shall have full powre to lay out all the Lands for the
Townes accommodations, as well upland as Medow ; as
also all highways, with the home allotments, and the dis-
position of severall Farmes to the persons inhabiting, ac-
cording to the proportion that shall be allotted by the
Judge and Elders, and are to have 2 pence an acre for
the great lotts laying forth. EXP.

lltb,:

2d of the 7th month.

It is agreed, that Thomas Hazard and Mr. Jeoffreys are 2,,, 711,,
embraced as freemen of this Body.

Upon some differences arising concerning the Trade
with the Indians, it is agreed that Mr. Brenton and Mr.
John Clarke shall informe Mr. Jeoffreys of the particu-
lars ; and then Mr. Jeoffreys shall determine the cause.

It is also determined, that Mr. Jeoffreys shall have the
hearing and deciding of the matters concerning the dam-
ages done by the Cattle upon the planted corne in the

90 RHODE ISLAND COLONY RECORDS.

1640. Circuit of the Towne, and that such who hath been so un-
,-»-v-*fc^ damaged shall repair to him.

It is agreed, that the trade with the Indians shall be
free to all men.

It is ordered, that if Mr. JeofTreys cannot joyntlie goe
along with the reste in the laying forth of the Lands ;
then Mr. Easton is to goe along and performe the s'd ser-
vice in Mr. Jeoffrey's roonie, who shall have full power to
dispose of all Circumstances, as fencings and timber, with
other conveniences as may parallel the impropriations ac-
cording to thoir best discretions.

1st of the 8th month.

It is ordered, that every first Tuesday in the Month of
July, the Judge and Elders shall assemble together to
heare and determine all such causes as shall be pre-
sented.

It is ordered, that Mr. Robert JeofTreys is elected
Treasurer of this Body for one whole yeare, or until a
new be chosen, and that Mr. Jeremy Clarke shall assist
him in taking up the accounts of the old Treasurer.

Upon an account of the Secretaries for service done to
the Body, divers wages, a bill of £19, and ten acres of
Land was assigned to be paid him by the Treasurer ;
and to Sergeant Bull, for service by him done, <£6.

It is agreed, that Mr. Foster, is received as a Freeman
of this Bodie.

It is agreed, that in the Quarter Courts, the determina-
tions of matters in hand shall be by major vote, the Judge
having his doutle vote ; who also shall have power to putt
it to vote and to gather up the votes.

A Catalogue of such [persons], who, by the General]
consent of the Company were admitted to be Inhabytants

TOWN OF NEWPORT.

of the Island now called Aqueedneck, having submitted
themselves to the Government that is or shall be estab-
lished, accordinsr to the word of God therein.

1638.

Mr. Samuel Hutchinson,
Thomas Emmons,
Richard Awards,
Edward Wilcocks,
George Gardiner,
William Withrington,
Mr. Samuel Gorton, 2o,h, -.^
John Wickes, 2o,h, 4th.
Ralph Earle,
Nicholas Browne,
Richard Burden,
Richard Maxon,
Mr. Nicholas Esson, i,;,^, .;-t
Thomas Spicer,
Robert Potter,
Nathaniel Potter,
William Nedham,
Sampson Shatton,
Adam Mott,
John Mott,
Mr. Robert Jefferyes,
Thomas Hitt,
James Tarr,
John Roome,
Robert Gilham,
Jeremy Clarke,
Nicholas Davis, 12th, 9th
Wm. Baker,
John More, i6th,9th.
Anthony Pain, eth, 10th.
George Potter,
Wm. Richardson,
Wm. Quick, 27tiMoth,

Thomas Clarke,
John Johnson,
William Hall,
John Briggs,
James Davis,
George Parker,
Erasmus Bullock,
George Cleer,
Thomas Hazard,
William Cowlie,
Jeffery Champlin,
Richard Sarle,
John Sloff,
Thomas Boeder,
John Tripp,
Osamond Doutch,
John Marshall,
Robert Stanton,
Joseph Clarke,
Robert Carr,
George Lay ton,-
John Arnold,
Wm. Heavens,
Thomas Layton,
Edward Poole,
Mathew Sutherland,

RHODE ISLAND COLONY RECORDS.

1638.

Inhabitants admitted at the Towne of Nieu-Port since

the 20th of the 3d, 16;
Marmaduke Ward,
Robert Feild,
Thomas Stafford,
Job Tyler,
Thomas Sauorie,
Hugh Durdall,
William Baker,
John Layton,
Mr. Will. Foster,
John Hall,
Tobye Knight,
John Peckum,
Michel Williamson,
Mr. Robert Lintell,
Richard Smith,
James Rogers,
John Smith,
Wm. Parker,
John Grinman,
Edward Rero,
John Macummore,
Robert Root,
Ezekiah Meritt,
James Burt,
John Bartlett,

Edward ,

Sampson Salter,

Nicholas Cotterell,
John Vaughan,
John Smith,
John Merchant, j^jy 2.
Jeremy Gould,
Enoch Hunt,
Nathaniel Adams,
Samuel Allen,
George Allen,
Ralph Allen,
Mr. Thomas Burton,
Henry Bishop,
John Hicks,
Edward Browce,
Mathew Gridell, ^ug.o

TOWN OF NEWPORT.

By the Body Politicke in the

lie of Aqethnec, Inhabiting

this present, 25 of 9; month.

1639.

In the fourteenth yeare of y^ Raign

of our Soveraign Lord King Charles.

It is agreed,

That as Natural subjects to our Prince, and subject to

his Lawes, all matters that concerne the Peace shall be by

those that are officers of the Peace, Transacted ; And all

actions of the case, or Dept, shall be in such Couits as by

order are here appointed, and by such Judges as aie

Deputed : Heard and Legally Determined.

Given at Niew-Port on the
Quarter Courte Day, which
was adjourned till y Day.
William Dyre, Sec.

Mr. Jeremy Clarke is chosen Constable for one whole
yeare, or till a new be chosen ; and is to attend that ser-
vice according to the Law in that case provided.

Mr. WiUiam Foster is chosen Clerke of the Traine Band,
and is to attend that service till another be chosen ; who
is presently to take a view of the Armes, and to Returne
the defects the next Court but one.

It is ordered and agreed upon, that the Body of the
people, viz.: the Traine Band shall have free libertie to
select and chuse such persons, one or more from among
themselves, as they would have to be officers among
them ; to exercise and traine them ; and then to present
them to the Magistrates for their approbation.

RHODE ISLAND COLONY RECORDS.

It is ordered, that i\Ir. Robert Jefferies shall traine the
Band for the present.

It is ordered, that noe man shall go two miles from the
Towne unarmed, eyther with Gunn or Sword ; and that
none shall come to any public Meeting without his weap-
on. Upon the default of eyther he shall forfeitt five
shillings.

It is further ordered, that those Commissioners for-
merly appointed to negotiate the Business with our
Brethren of Pocassett, shall give them our propositions
under their hands, and shall require their propositions
under their hands, with their answers, and shall give reply
unto it ; and so shall returne to the Body a Brieve of
what they therein have done.

By order, Mr. Easson and Mr. John Clarke are desired
to informe Mr. Vane by writing, of the state of things
here, and desire him to treate about the obtaining a Pat-
tent of the Island from his Majestic ; and likewise to
write to Mr. Thomas Burrwood, Brother to Mr. Easson,
concerning the same thing.

The Court is adjourned to this day three weeks.

At the particular Courte holden the 3d of y* 10th,.
1639.

John Bartlett and John Hadson, being convicted and as
well by witnesses as their own confession, found guiltie of
the Breach of the Peace, by their excess in drinking, are
adjudged to pay five shillings a piece unto the hands of
the Constable according to the Law in that case pro-
vided..

TOWN OP NEWPORT.

At the Generall Quarter Court which was adjourned to
this present 17th of 10th mo., 1639.

Mr. Eastone for breach of an order in coming to the
public meeting without his weapon, according to that or-
der, is to pay five shillings.

Whereas, according to a former order, Mr. Clerk was to
assist Mr. Jefferies, Treasurer, for the taking up of the
accounts of the old Treasurer, which accordinglie they
have done, and Exhibited the same unto the Courte,
which have passed ; and there is found to remaine due to
Mr. Coggeshall the sume of £57: 2s. 4d., which the
Treasurer now being, shall pay unto him, with all con-
venient speed, allowing sufficient satisfaction for the for-
bearance thereof, from this present day.

It is ordered, that those who are appointed to lay forth
the lands, shall (in regard of some naturall bounds lying
neare unto the farme of Mr. Will'm Coddington, Judge),
have full powre to add unto the s'd farme such parcell or
parcells of Land as may extend to thoss bounds accord-
ing as their discretions shall guide them when they come
to a view thereof ; provided that Mr. Coddington, Judge,
shall pay into the Treasurie so much monie (according to
the order) as the overplus of his proportion amounts to.

It is ordered, that the Treasurer shall pay no monies
unto any person till he be authorized by warrant signed
under the hands of the Judge and some of y'' Elders ; the
which shall be to him of sufficient authoritie to pay all
such bills so assigned.

It is agreed, that Wm. Cowlie, Rob't Field, George
Gardiner, Robert Stanton, Thomas Clerk, and Joseph
Clerk, are admitted and embraced as Freemen into this
Body Politike.

It is agreed and ordered, that the Secretarie shall take
notes of all dammages of the Towne, and shall implead

96 RHODE ISLAND COLONY RECORDS.

1639. such as shall be delinquent, legalie ; and in every deffect
-"^^-^"^■^ thereof shall forfeit fortie shillings.

It is ordered, that ther shall be sufficient fences, eyther
hedge or post and raile, made about the Corne Grownds
that shall be planted or sowne by the 1st of May, next ;
and if any man shall be found a Delinquent therein, he
shall forfeit for every rod that is defective the sum of
three shillings and four pence.

It is ordered, that no man shall keep any Hoggs about
the Towne except it be within his own enclosure after the
15th of April, untill the 15th of October, upon the for-
feiture of four pence a foote, and the former orders are
repealed.

It is ordered, that ther shall be provision made of Bulls
into the Towne. A Bull to every twentie Cows and
heyfers by the first of May, 1640.

It is ordered, that keepers shall be appointed to y^ sev-
erall beards of Cattle, from the 15th of Aprill to the 1st
of November, and that the spare cattle shall be separated
from the Milch beasts, and kept att Sachuis.

It is ordered, that the Lands shall not be fired till the
1st of March, and so for fourteen dayes, to continue ; and
that if eyther Indian or Eiighsh shall fire any, before or
after, they are liable to such dammages as may be in-
curred thereby.

It is ordered, that the Treasurer shall forthwith provide
a pair Stocks and a whipping post, to be sett in some such
place as he shall have order for, in y^ town of Niewport.

TOWN OF NEWPORT.

At the Particular Courte held
on the 7th of 11th, 1639.

Whereas, it was ordered, that the Clerk of the Band
should take notice of what defects were in the Armes
among the Traine Band, and to make returne thereof at
the Sessions of this Courte ; which being performed, It is
further ordered, y* the Corporall shall forthwith give warn-
ing to all such who are defective, to make their appearance
before the Judge within these tenn days, to give answere
for their deficiencies therein ; and further it is ordered,
that every Traine Soldier shall be provided sufficiently of
his owne Armes by the last day of Aprill, 1640 ; as they
shall answere it att their perill.

Whereas, complainte was made by the Secretarie on the
behalfe of the Towne of Nieuport against Ralph Earle for
his falling of timber, contrarie to order, and suitt made ac-
cordinglie in the Courte. By the Courte it was ord'ered,
that the s'd Ralph and Mr. Willbore, his Copartner, shall
serve the Towne with good sufficient Stuff, Viz.: with sawn
board att eight shillings the hundred, and half inch board,
at seven shillings, to be delivered at the pitt by the water
side ; and clapboard and paile at twelve pence a foote, by the
Stubb, sound and good sufficient merchantable ware ; and
further it is ordered, that the said Mr. Willbore and Ralph
Earle shall not make sale of any of the Timber within y^
bounds of the Towne of Nieuport, nor transport any of it
(eyther whole or broken) to any other Plantation without
licence, as they shall answere it at their Perill.

98 RHODE ISLAND COLON!'' RECORDS.

1639.

At a Generall Assembly of the Body, 22d Jan'ry,
1639.

Upon a survey of the Come with the persons inhabiting
the Towne, the Corne arising to 108 bushells, and y^ per-
sons ninety-six : It is therefore ordered, that the said Corne
shall be proportioned forth one bushel and half a peck
to each person, which is to supply the said person for the
space of six weeks ensuing the date hereof ; provided, y*
such who shall lend their Corne shall in due time be re-
paid as soon as a supply can be made.

Whereas, the Generall Quarter Courte doth fall on the
second of February, which being the Lord's day, upon
serious consideration, it is assigned to be kept foure days
sooner, being the 29th of this present month.

At the Quarter Courte held y^
29thof Januarie, 1639.

It is ordered, that Mr. Jeremie Clarke shall supply y®
Treasurer's place till his returne from the Dutch.

It is ordered and ordayned, that once in the yeare for-
ever hereafter, namelie : the twelfth day of INIarch ; The
Judge and Elders, and all other officers of this Bodie in-
corporate, shall be in the Generall Courte or Assembly, to
be held for that day or time newlie chosen, for the yeare
ensuing, by such greater part of the Bodie of Freemen,
then or ther present, and such as shall be necessarily de-
tained to send in their votes, sealed up to the Judge.

It is ordered, that on the 6th of March, ensuing, the
Bodie shall assemble together, for the Recording of the
Lands according to the order in that case made on the
Sessions hold the 27th of the 4th, 1638.

It is ordered that the Secretarie shall commend and ad-
vise with the Judge and Elders, concerning such suitts and
cases as he shall have information of

TOWN OF NEWPORT.

At a Generall Assembly of the
Body on the 6th of March, [1640].

Whereas, according to order, Mr. Nicholas Eston, Mr.
John Clarke, and Mr. Wm. Dyre were appointed to lay
forthe all such Lands as by the Judge and Elders were
proportioned forth ; to that purpose, a schedule was given
them from the Court of such as they had appointed them
to accommodate ; who, according to their best Judgments
and discerning, have performed the same, and exhibited a
map thereof to this Generall Courte, which is accepted
and ratified thereby, and are discharged of the service by
the authority thereof.

It is ordered, that all the Sea Banks are free for Fish-
ing to the Towne of Nieuport.

It is ordered, that such as shall bring in their acquit-
tances from the Treasurer to the Judge and Elders, shall
have their Lands recorded.

By the Judge and Elders,
March 10th, 1640.
[Here follows a record of the Lands to the following
proprietors, viz.: William Coddington, John Coggeshall,
William Brenton, Nicholas Easton, William Dyre, John
Clarke, Jeremy Clarke, William Foster, George Gardner,
Robert Stanton and Robert Field.]

RHODE ISLAND COLONY RECORDS.

Att the Generall Courte of Election

held on the twelfth day of the first month,

1640, in the Towne of Nieuport.

PRESENT.

Mr. Wm. Coddington, Judge, Wm. Cowlie,

Mr. Nichoks Easton, Elder, Thomas Hazard,

Mr. John Coggeshall, Ekler, Robert Field,

Mr. Wm. Brenton, Elder, Thorn: Clarke,

Mr. Kobert Jeoffreys, Treas. George Gardiner,

Mr. John Clarke, Henry Bull,

Mr. Jeremy Clerke, Joseph Clarke,

Mr. William Foster, Robert Stanton,
Mr. Samuel Willbore,

Guliel Dyre, Secretary.

1. Mr. William Hutchinson, Mr. Wm. Balstone, Mr.
John Sanford, John Porter, Adam Mott, Wm. Freeborne,
John Walker, Philip Sherman, Richard Carder, and Ran-
dall Holden, presenting of themselves, and desiring to be
reunited to this body, are readily embraced by us.

2. It is agreed by this Bodie united ; that if there shall
be anie person found meet for the service of the same, in
eyther Plantation ; If ther be no just exception against
him, upon his orderlie presentation, he shall be received as
a freeman thereof.

3. It is agreed, that Mr. Samuel Hutchinson, Thomas
Emons, Job Hawkins, Richard Awards, Sampson Shat-
ton, Toby Knight, John Roome, and George Parker are
received as freemen of this Bodye, fully to enjoy the privi-
ledges belonging thereunto.

4. It is ordered, that the Chiefe Magistrate of the
Island shall be called Governour, an,d the next Deputie
Governour, and the Rest of the Magistrates Assistants ;
and this to stand for a decree.

TOWN OF NEWPORT. 101

5. It is agreed, that the Goveruour and two Assistants 1640.
shall be chosen in one Town, and the Deputy Governour ^-^-^-^-'
and two other assistants in the other Town.

6. It is ordered that the Plantation at the other end of
the Island shall be called Portsmouth.

By Election.

Mr. Wm. Coddington is chosen Governour for y^ yeare,
or till a new be chosen.

Mr. Wm. Brenton is chosen Deputie Governour for y^
yeare, or till a new be chosen.

Mr. Nicholas Easton is chosen Assistant for this yeare,
or till a new be chosen.

7. Mr. John Coggeshall is chosen Assistant for this
yeare, or till a new be chosen.

Mr. Wm. Hutchinson is chosen Assistant for this yeare,
or till a new be chosen.

Mr. John Porter is chosen Assistant for this yeare, or
till a new be chosen.

Mr. Robert Jeoffreys, ) are chosen Treasurers for the

Mr. Wll'm Balston, S yeare, or till new be chosen.

Wm. Dyre is chosen Secretary for this yeare, or till a
new be chosen.

Mr. Jeremy Clarke is chosen Constable of Nieuport for
this yeare, or till a new be chosen.

Mr. Sanford is chosen Constable of Portsmouth for this
yeare, or till a new be chosen.

Henry Bull is chosen Sargeant attendant for this yeare,
or till a new be chosen.

8. It is agreed and ordered, that the Governour and
Assistants are invested with the offices of the Justices of
the Peace, according to the Law.

9. It is ordered, that to the number of five men sball

102 RHODE ISLAND COLONY RECORDS.

1640. be chosen to lay out the Lands belonging to the Towne of
v-*^'--*i-' Portsmouth, and three for Nieuport.

10. By order of Courte, John Sanford, Adam Mott,
Thomas Spicer, Richard Burden, and Philip Shearman,
are chosen to the service of laying out the Lands for the
Towne of Portsmouth.

11. By order of Courte, Mr. John Coggeshall, Mr.
Robert Jeoffreys and Mr. Jeremie Clarke shall lay out
the remainder of the Lands of the Towne of Nieuport.

12. It is ordered, that Libertie is granted for the
Major parte of the Freemen of each Towne to select
certaine men from among themselves to proportion forth
to each man his propriety of Land, and then having it
layd forth orderly, it shall be recorded at the Generall
Courte.

At the Generall Courte held on the

6th of May, 1640, at

Nieuport.

13. Whereas, it was desired that all the orders and
Laws formerlie recorded in this Book of State should be
openlie read, perused and examined by this present
Courte assembled ; Be it known, therefore, that it hath
been so done ; and such as were disallowed are repealed,
and so noted in the Margent, and the rest are ratified, and
stand in full force, though the title of the Magistrates be
altered.

14. In regard of the many Incursions our Island is
subject unto, and that an Alarum be necessary for the safe
securing thereof ; Bee it therefore enacted, that in^ each
plantation there bee this forme dulie observed. That as
soone as notice is given of any probable Incursion, thaf
then forthwith Three Musketts be distinctly discharged,

TOWN OF NEWPORT. 103

and the Dram or Drummes incessantly to beat an 1640.
Alarum ; and that forthwith each Man hearing armes ^^^^^^^
shall repair to the coulers, which shall be lodged at y"
Chief Magistrates Howse in each Plantation, as he will
answer it at his perill.

15. It is ordered, that the Governour with the Assist-
ants shall write to Plymouth about their Title of the Maine
Land Grass.

16. It is ordered, that all such who shall have a
Howse lott granted unto them within any of our Townes,
shall build a Howse thereon within a yeare after the
Grant thereof, or else it shall be forfeited to the Towns
use. Repealed.

17. It is ordered, that Commission be directed to the
Treasurers to make demands of all such monies as are due
to the Treasury for the Lands assigned forth to particular
men, and to make returne of all such who shall be therein
remiss, at the next particular Courte who are to be or-
dered thereby according to Law.

18. It is ordered, that the particular Courts, consisting
of Magistrates and Jurors shall be holden on the first
Tuesday of each month ; and one Courte to be held at
Nieuport, the other at Portsmouth ; and that the sayd
Court shall have full powre to Judge and determine all
such cases and actions as shall be presented.

RHODE ISLAND COLONY RECORDS,

At the Genemll Courte Held at

Portsmouth on the 6th of August,

1640.

19. By the Generall Consent of this Courte, Mr.
Eob't Lenthall, and Thomas Cornill, and Ralph Cowland,
are admitted Freemen of this Body Politike, fully to en-
joy the priviledges belonging thereunto.

20. It is agreed and ordered, that all Men allowed
and assigned to beare armes, shall make their personall
appearance completely armed with Muskett and all its
furniture ; or pike with its furniture, to attend their
Coulers by Eight of the clock in the morning, at the sec-
ond beat of the Drum, on such dayes as they are ap-
pointed to Traine. And further it is ordered, that eight
severall times in the yeare the Bands of each Plantation
shall openlie in the field be exercised and disciplined by
their Commanders and Officers. And further it is ordered,
that there shall be two Generall Musters in the yeare, the
one to be disciplined at Nieuport, the other at Portsmouth ;
and that if any shall f die to make their personal appear-
ance as aforesaid, according to time and place aforesaid,
he shall forfeit and pay the sum of five shillings into
the hands of the Clark of the Band. And further it is
ordered, and by this present authority established, that if
any person shall come to the said Training or Generall
Muster, defective in his armes or furniture equivalent, he
shall pay f u'thwith the sum of twelve pence ; and further it
is ordered, that when the Generall Muster shall be held
at the one Towne, there shall be a sufficient Guard sett
and left at the other Towne with the Constable or his
deputy And further, it is ordered, that the Commanders
Vidg't, Chieftaine and Lieutenant, shall appoint the dayes
and times of their s'd meetings ; And further it is ordered,
that all men who shall come and remaine the space of

TOWN OF NEWPORT.

105

twentie days on the Island, he shall be liable to the in- 1640.
junctions of this order ; provided, that if eyther heards- ^-^-^-^^^
men or Lighter men be otherways detained upon their ne-
cessary employments, they shall be exempted, paying only
two shillings and six pence for that day, into the hands
of the Clarke : And further be it established, that the
two Chiefe Officers of each Towne, to witt : the one of
the Commonweal, the other of the Band ; and these two
of&cers upon the exhibition of the Complaint by y° Clark
(which shall be within three dayes after the faults com-
mitted), shall Judge and determine of the reasons of their
excuses, who upon the hearing thereof, shall determine
whether such person shall pay five shillings and six pence,
or nothing. And further it is ordered, that Libertie be
granted to Farmer or Farmers to leave one man at the s'd
Farme, he paying the sum of two shillings and six pence
into the hands of the Clarke. And further it is ordered,
that the Clarke of each Band shall receive the monies off
any Man to provide and make supply of such things as he
shall stand in need, of; during which time, after the de-
liverie of the s'd money, he shall be excused for his de-
fects in his Amies ; but if the money be not delivered,
then to be liable to the injunctions herein contained ; pro-
vided, also that the Clark of each Band shall hereby be
authorized to ask, receive or destraine for all such fines

forfeitures as by any are made, and that the said sum of
monies so levied shall be employed to the use and service
of tae said Band.

21. It is ordered, that the Treasury shall provide and
fitt up on Drum Colters and halberts for the Band of
Portsmouth.

22. It is ordered, that Wm. Dyre shall be adjoyned
with the rest in Mr. Jeoffreys roome, for the laying out of
Lands of Nuport.

23. It is further ordered, that each Towne shall have
a joynt and an equal supply of the Money in the Treasury
for the necessary uses of the same ; and that the Gov-

106 RHODE ISLAND COLONY RECORDS.

1640. ernour and one assistant of one Towne, and tlie Deputy
^-^-^*^ Governour and one assistant in the other, shall give a
warrant, according to the determination of the Major Vote
of the Townsmen for the same unto the Treasurer, which
shall be his discharge : And it is further ordered, that at
the issue of the Treasurers that now be, a due and true ac-
count of all Bills and monies, received or dispended shall
be presented by the Treasurer of each Towne. And the
charges dispended shall be equally ballanced and each
Towne to bear its true proportion. And likewise what
hath beene expended out of the whole, shall be equally
borne by the whole ; and what orders were formerly
made, being repugnant to this, are hereby nullified.

24. It is ordered, that Mr. Coggeshall and Mr. Balston,
Treasurers shall take up Mr. Hutchinson his account, and
peruse it, and exhibite it at the next Generall Courte.

25. It is ordered, that each Towne shall have the
Transaction of the affaires that shall fall within their own
Towne ; and that the Magistrates of each Town shall
have Libertie to call a Court every first Tuesday in the
month at Nuport ; and every first Thursday in the month
at Portsmouth, wherein actions may be entered ; and

Juries empanelled, and causes tryed. Provided, that

it be not in the matter of Life and Limb ; and that if so be a
Plaintiff hath commenced his suit, and the defendant cast,
he shall have libertie to make his appeal to the Quarter
Sessions which are to be held upon the four Quarter dayes.
And the two Parliamentarie (or Clenerall) Courts to be
held on the Wednesday after the 12th of March, with
what time is requisite thereunto ; and the other the first
Wednesday after the 12th of October, with what time is
requisite thereunto ; which Courts are equally to be kept
at the two Townes : And what former orders are hereto
repugnant are hereby nullified.

ExiMication For the better understanding of the terme of the four
Quarter dayes. It was at the next Sessions of Court Gen-
erall determined, that the Quarter Sessions Courts should

TOWN OF NEWPORT. 10'

be held the Tuesdays (or dayes) before the Generall 1G40.
Courts ; and the other two to fall, the one the first Tues- ^-^^^
day in July, and the other the first Tuesday in January.

Certaine Propositions made interchangably on the
7th of July, 1640. [Ratified August 16th.]

Mr. Will'm Coddington, Governour, with the rest of y**

Assistants,

and

Miantonomie, Sachem of Narraganset, with y*" rest of

the Sachems, and agreed upon.

That no Indian whatever, under his Jurisdiction shall
eyther Winter or Summer, kindle or cause to be kindled
any fires upon our Landes, but such as they shall put
forth immediately againe upon their departure ; Providedj.
that no hurt or damage be done thereby upon or after the
kindling of the said fire ; or if it so fall out, that hurt or
damage be done by their kindling of fire, then y° damage
to be adjudged, and they to be tryed by our Law.

That in lieu of a Boore y* belonged to the Island, killed
by an Indian, the said Indian shall pay ten fadome of
beads at harvest next.

That no Trapp or Engine be sett by them upon the Is-
land, to take or stroye the deare or other cattle thereon.

That if any Indian shall be unruly, or will not depart
our howses when they are bidden, they are to carry them.
to the Governour or other Magistrate, and they shall be
punished according to their demeritt. And further, that
for any common or small crime he shall receive his pun-
ishment according to Law ; and for any matters of greater
weight exceeding the value of ten fadome of beads, thea
Miantonomy is to be sent for, who is to come and see the
8

108 RHODE ISLAND COLONY RECORDS.

1640. Trjal. But if it be a Sachem that hath offended, though
-^^^^■^^^ in smaller matters, then he is also to be sent for, and to
see his tryall and Judgment, who hath promised to come.
That no Indian shall take any Cannew from the Eng-
lish, neyther from their Boatside or shoreside, and the like
not to be done by them.

That upon their trading and bargaining, having agreed,
they shall not revoke the said bargaine or take their goods
away by force, and that they shall not be Idling about nor
resort to our howses, but for trade, Message, or in their
Journeys.

These two leaves were torne
out by the G. Courte, March
^y'' 16, 1641, and these two
foregoing containe the same
orders being again written.

Eatified at Generall Courte
August 6th, 1640.

At the General Courte held on the 14th of
the 7th mo. [September], 1640.

26. It is agreed, that Mr. Brace, Jeremy Gold, Jeof-
frey Champlin, John Anthony, John Hicks, James Eog-
ers, H. Bishop, and Marmaduke Ward are admitted as
Freemen of this Body Politicke, to enjoy the priviledges
thereoff.

27. It is agreed and ordered, by the unanimous con-
sent of this Courte, that a line of division be drawn be-
tween the Townes of Newport and Portsmouth, as the
bounds of the Lands of each Towne, Vidg't.

The s'd Line to begin half a mile beyond the River
commonlie called Sachuis River, being the River that lies
next beyond Mr. Brenton's Land on the South East side
of the Island towards Portsmouth, and so on in a straight
line to run to the nearest part of the Brook to the hunting

TOWN OP NEWPORT.

109

Wigwamm, now standing in the highway between the two 1640.
Towns, and so by that Ihie to the sea on the North side of ""•''''^-^
the Ishxnd, which line shall be and is the Bounds be-
tween the Two Townes, and to be sett out by marked
Trees ; And that Mr. Easton and Mr. Porter, and Mr.
Jeoffreys and Mr. Samford shall lay out this Line by the
first of November ensuing. And further it is ordered,
that Whereas ther was 900 acres of Land (vidg't, To Mr.
Wm. Hutchinson 400, and to Mr. Samford 200, and to
Mr. Samuel Hutchinson 200, and to Francis Hutchinson
100), layd forth unto them on this side of the s'd River,
called Sachuis River, next unto Nuport, shall be and is
still granted to them and their posterity, as their right and
propriety : Provided, they hold it as from the Town of
Nuport ; Provided, also, that this grant do no wayes
ilamnifie the land formerly granted to the accommodation
of Mr. Brenton's farme ; Provided also, that if so be the
said parties before mentioned shall refuse their, or any off
their accommodations, before premised in that place, then
the s'd Lande or Landes shall returne to the use and dis-
posall of the said Towne of Nuport.

28. It is ordered, that Whereas ther was an order for-
merlie made for five men to lay out the Lands for the
Towne of Portsmouth, and upon complaint made for their
neglect being so many ; be it now established that three
of them, Vidg't, Mr. Samford, Adam JMott, and Richard
Burden shall lay out the said Lands according to the pro-
portions granted forth by the Towne.

29. It was further ordered, that Two Barrels of Gunn
Powder be alway readie in the Treasury of each Towne,
with Bulletts and match ; and that provision be forthwith
hereof made by the Treasurers ; And that the Treasurers
make demand of all such moneys as is due ; and if any
neglect the payment, then to take warrants from the Mag-
istrate to the Constable to destraine for the same ; and
that also the Treasurers shall provide Thirtie two pikes to
lye by alway in readiness in the Magazines of each Towne.

110 RHODE ISLAND COLONY RECORDS.

1641. 30. It is ordered, that the Secretary shall only attend
^-^^-^^-'the two General Courts, and the fouro Quarter Session
Courts, unless he be desired, and shall have three shil-
lings a day for his attendance thereon.

31. It is ordered, that the Governour shall write to
the Governour of the Bay, that they would communicate
their Councills concerning their agitations with the
Indians.

Here endeth the Acts and Orders made

by the Bodye in the yeare

1640.

Being one and thirty in Number.

W. DYRE, Secretary.

The Court Roll of Freemen, with the officers, as they
were Elected on the 16th of March, 1641.
Mr. Wm. Coddington, Govern'r,
Mr. John Coggshall, 1
Mr. Robert Harding, ! "^''^^^f ^'
Mr. Wll'm Ballston, [ treasurers,
Mr. John Porter, i

Mr. Robert Jeoffreys, Treas.,

Wmilliam Dyre, Sec'ry,
Mr. Nicholas East on, Mr. Brace,

Mr. John Clarke, Jeremy Gould,

Mr. Jeremy Clarke, Henry Bull, Sarg't,

Mr. Samuel Willbore, Jeoffrey Champlin,

Mr. Wm. Freeborne, John Anthony,

Philip Shearman, John Hicks,

John Walker, James Rogers,

Adam Mott, Marmaduke Ward,

Mr. Foster, Capt'n Morris,

Mr. Spicer, Thomas Gorton, Sarg't,

Mr. Lenthall, Mr. Will'm Hutchinson,

TOWN OF NEWPORT.

Ill

Will'm Cowlie,
George Gardner,
Robert Feild,
Thomas Clarke,
Joseph Clarke,
Robert Stanton,
Thomas Emons,
John Hawkins,
Richard Awards,
Thomas Hazard,
Toby Knight,
John Roome,
George Parker,
Richard Burden,
John Smith,
Thomas Wait,
John Peckum,
Michall V7illiamson,

Rob't Carr,

John Briggs,

Mr. Cornell, Cons' t,

Henry Bishop, Cons't,

Ralph Cowland,

Mr. Samford,

Mr. Sam'l Hutchinson, Sen'r,

Mr. Edw. Hutchinson, Jr.,

Mr. Savadge,

Richard Carder,

Randall Holde?i,

Sampson Shatton^

Robert Potter.

These four at y^ court of
y*" Sessions, March 16, were
disfranchised, and f names
to be cancelled out of y*" roll.

1641.

The Generall Court of Election began and
held at Portsmouth, from the 16th of March,

to the 19th of the same mo., 1641. ingagemfot

1. It was ordered and agreed, before the Election,
that an Ingagement by oath should be taken of all the of-
ficers of this Body now to be elected, as likewise for the
time to come ; the ingagement which the severall officers
of the State shall give is this ; To the Execution of this
office, I Judge myself bound before God to walk faithfully
and this I profess in y'' presence of God.

EHODE ISLAND COLONY RECORDS.

By Election.

2. Mr. V/iU'm Codclington is chosen Govemour for
one whole yeare, or till a new be chosen.

Mr. Wm. Brenton is chosen Dep'ty Governour, for one
whole year, or, &c.

Mr. John Coggshall is chosen Assistant for one whole
yeare, or, &c.

Mr. Rob't Harding is chosen Assistant for one whole
yeare, or, &c.

Mr. Wm. Balston is chosen Assistant and Treasurer for
one whole yeare, etc.

Mr. John Porter is chosen Assistant for one whole
yeare, or until, &c.

Wm. Dyre is chosen Secretary for one whole yeare, or
until, &c.

Mr. Rob't Jeoffreys is chosen Treasurer for one whole
yeare, or, &c.

Thomas Gorton I

and J. are chosen Sergeant Attendants.

Henry Bull J

Thomas Cornell ] ( ^f Portsmouth ,

and y are chosen Constables <^

Henry Bishop I [ of Nuport,

for one yeare, or till a new be chosen.

3. It is ordered and unanimously agreed upon, that the
Government which this Bodie Politick doth attend vnto in
this Island, and the Jurisdiction thereof, in favour of our
Prince is a Democracie, or Popular Government ; that is
to say, It is in the Powre of the Body of Freemen or-
derly assembled, or the major part of them, to make or
constitute Just Lawes, by which they will be regulated,
and to depute from among themselves such Ministers as
shall see them faithfully executed between Man and
Man.

TOWN OF NEWPORT.

113

4. It was further ordered, by the authority of this pres- 1639.
ent Courte, that none bee accounted a Delinquent for Doc-^^^^
trine : Provided, it be not directly repugnant to y" Gov-
ernment or Lawes established.

5. It was further ordered, that all such who shall kill

a Fox shall have six shillings and eight pence, for his^^^^^
paines, duly paid vnto him by the Treasurer of y° Towne
in which lands it w^as killed : Provided, that he bring the
Head thereof to the said Treasurer ; and this order shall
be of suflicient authority to the Treasurer to pay and dis-
charge the said summ.

6. It is further ordered, that all Men who shall kill any
Deare (except it be upon his own proper Land), shall
bring and deliver half the said Deare into the Treasurie,

or pay Forty shillings ; and further it is ordered, that the^^'*'"*'
Governour and Deputy Governour shall have authority to
give forth a Warrant to some one deputed of each Towne
to kill some against the Court times for the Countries use,
who shall by his Warrant have Libertie to kill wherever
he find ; Provided, it be not within any man's enclosure,
and to be paid by the Threasurer : Provided, also, that no
Indian shall be suffered to kill or destroy at any time or
any where.

7. It is ordered from henceforth, that the Quarter Ses-
sion Courts shall alway be kept the first, the first Tuesday
in March ; the second, the first Tuesday in June ; the
third, the first Tuesday in September ; the last, the first
Tuesday in December.

8. It is ordered, that Eight Gunns and their furniture ^^^^^
with two corsletts, now in the hands of Mr. AVillbore,
shall be taken off by the Threasurie Jointlie, as part of
satisf\\ction for what debts from him is now dew therto :
and that the said Amies be equally divided to each
Towne.

9. It is ordered, that the Deputie Governour and Mr.
Willbore, and Mr. Coggshall, and Mr. Jeremy Clarke, ^"°""'"-
shall be joyned in commission with the Two Treasurers

114 RHODE ISLAND COLONY RECORDS.

1<)41. that now bee, to examine the Treasurie, and to even the
^-•^'^*^ accounts, and then to present them so rectified to the next
Generall Court ; and what oneveness there is found to bee,
the one Treasurer shall make payment to the other Treas-
urer within twentie dayes after the period of their com-
mission : the limits which are set for the performance of
this, shall be three weeks from the date hereof.

10. It is ordered, that Mr. Porter, Mr. Balston, Mr.

Line. ' ' '

Easton, and Mr. Jeoffreys shall runn the line between the
two Towns within twentie days after the date hereof, or
else shall forfeit a jNIark a peece ; and performing it within
the (time or) tearme they shall have a Mark a peece for
their Labour.

11. It is ordered, that each Towne shall provide a
RTidences. Towuc Book, whcrcin they shall Record the Evidences of

the Lands by them impropriated ; and shall also have
Powre to give forth a Coppie thereof, which shall be a
clear evidence for them and theirs, to whom it is so
granted,

12. It is ordered, that the Officers of Justices of the

J. of Peace. _ '

Peace is confirmed to the Magistrates.

13. It is ordered, that no Fiers shall be kindled by
any whatsoever to runn at randome, eyther in Medows or
Woods ; but what by him that so kindled it shall forthwith
be put out, that it damnific none. And that if damage
shall accrew, satisfaction to the utmost shall be awarded.

14. It is ordered, that a Booke shall be provided,
Copy of wherein the Secretary shall write all such Lawes and

" Acts, as are made and constituted by the Body, to be left
alway in that Towne where the said Secretary is not resi-
dent ; and also that coppies of such Acts as shall be made
now or hereafter, at the Generall Courts concerning neces-
sary uses and ordinances to be observed, shall be fixed upon
some public place where all men may see and take notice
of them ; or that coppies thereof be given to the Clerks of
of the Band, who shall read them at the head of the
Companie.

TOWN OF NEWPORT. 115

15. It is ordered, tliat a Manual Seale shall be pro- 1639.
vided for the State, and that the Signett or Engraving ^^^^J^^-^
thereof, shall he a sheafe of Arrows bound up, and in the

Liess or Bon^, this motto indented : Amor vincet omnia..

16. It is ordered, that Ineragement shall be taken by^

' o o ^ ./ ingagcmeiit

the Justices of the Peace in their Quarter Sessions of all
men or youth above fifteen years of age, eytherby the oath
of Fidelity, or some other strong cognizance,

17. It is ordered, that a Line be drawen and a way be Li„e.
cleared between the Townes of Nuport and Portsmouth, by
removing of the wood and mowing it ; that drift Cattle
may sufficiently pass ; and for the performance thereof,
Capt. Morris, of the one Towne, and Mr. Jeoflfreys of the
other, are appointed to draw the Line, and to be paid
therefor, and the Townes to perform the rest.

18. It is ordered, that the Traine Bands shall choose

Traine

among the Freemen, one or more such as shall be fori^^'^'i^-
their commanders, and present them to the Towne. The
Major vote of the Towne, by the Authority of this Court,
shall have the negative voice for the Establishment of
them, and shall order their Powre till the next Generall
Courte.

Courts.

19. It is ordered, that the major part of the Courts,
being lawfully assembled at the place and houre appointed,
shall have full Powre to transact the business that shall be
Presented : Provided, it be the Major part of the Body
entire, if it be the Generall Court (present) or the Major
part of the Magistrates, with the Jury in the inferior
Courts ; and that such acts concluded and issued be of as
full authority as if there were all present. Provided, there
be due and seasonable notice given of every such Court.

Trappa.

RHODE ISLAND COLONY EECORDS.

Tenure of theLands of Aquethneck.

20. It is ordered, Established and Decreed, unani-
mouslie, that all men's Proprieties in their Lands of the
Island, and the Jurisdiction thereof, shall be such, and soe
free, that neyther the State nor any Person or Persons
shall intrude into it, molest him in itt, to deprive him of
anything whatsoever that is, or shall be within that, or
any of the bounds thereof ; and that this Tenure and Pro-
priety of his therein shall be continued to him, or his ; or
to whomsoever he shall assign it for Ever.

, The Orders and Lawes
made at the Generall Courte, held
att Newport, the 17th of September, Ano. 1641.

21. Whereas, there were certaine Records, to witt :
Eleven in number, made and entered into this Book of
State, which Records are since found to be imperfect by
want of that which was intended both for bounds, quan-
titie and Tenure ; It is ordered, therefore, that it shall be
lawfull to transcribe and rectific the said Records accord-
ing to the perfect rule and orders in that case Provided.

The order ;nade for the restraint of killing deare y'' last
Court is repealed.

22. It is ordered and agreed, that no Englishman or
other shall sett any Trapps for deare upon the Island,
under paine of forfeiting five pounds, except it be within
his own inclosed grounds.

TOWN OF NEWPORT. HT

23. It is also ordered, that no Indian shall fall or peel 1639.
any trees upon the Islands ; and that if any be found so "^^^^^^^
doing or carrying off Bark (so peeled upon the Islands)

away ; it shall be lawfull for all that so finds them, to
bring a cause to be brought the Parties so offending
before the Magistrates, who shall order and punish
them according to the Law.

24. Whereas, ther was difference in the vndcrstand- Train

' Bands.

ing of that order made the last Court concerning the Elec-
tion of Mihtary Commanders ; it was explained by the
authority of this Courte, Vidg't. That the Freemen of
the Towne according to order, shall confirme one to each
oflQce, out of all such as the whole Traine Band did pre-
sent ; and this to stand as the true meaning of that Lawe
in that order.

25. It is ordered, that Mr. Jeffreys shall draw the Line,
line between the Townes by the last of November next,
who shall have five shillings a day for the time he spends
att home about it ; and ten shillings a day when he lies
abroad, vpon paine of forfeiting five pounds if not done ;
also those that shall help him sliall have three shillings per
diem, and the charge to be equally borne by the Townes.

26. It is ordered, that Mr. Robert Jeoffreys shall be ^1^.^^^^^^.^
authorized to exercise the function of Chirurgerie.

27. It is ordered, that every halfe yeare ther shall beswineand

•^ -^ , Goats.

three men chosen out of each Towne to view the Swine
that shall be killed by any Person or Persons within the
Limitts of the said Towne : And that he that doth or shall
kill any swine, and not call one or more of the said men
to view and see the said swine so killed, or to be killed,
he shall forfeitt five pounds ; and also it is ordered, that
every Inhabitant or Person keeping swine, shall within
one month after the end of this Court, bring in their ear-
marke which they have or do vsually give, and ther to be
kept in the Towne Records vpon paine of forfeiting six
shillings and eight pence ; and those that have the Seign-
iority of the marke shall keep it, and others that have

InKagement

118 RHODE ISLAND COLONY RECORDS.

1641. given the same shall alter the said marke vpon notice
^-*''''"*^ gi\ en to em ; and it is also ordered, that the same order
in all points shall be observed for Goates ; and also that
each Towne shall have a Coppy of each others earmarks.

28. It is ordered and received, that the Ingagement
that already was given by the Freemen, was and is of the
same force as that oath is, which is authorized to be ad-
ministered to the Inhabitants, which oath Nicholas Easton,
Rob't Jeoffreys and Win. Dyre did take in presence of the
Conrte.

29. It is ordered, that if any Person or Persons on
the Island, whether Freeman or Inhabitant, shall by any
meanes open or covert, endeavour to bring in any other
Powre than what is now established (except it be from our
Prince by Lawfull commission), shall be accounted a de-
linquent under the head of Perjurie.

30. It is ordered, that the Law of the last Court made
concerning Libertie of Conscience in point of Doctrine, is
perpetuated.

31. It is ordered. That the order concerning trainings
made at Portsmouth, August G, 1640, shall be dulie ob-
served and kept in all points effectually, excepting the
Powre and all particles thereof which is given to the Com-
manders therein ; also bee excepted the two Generall
musters ; and also be excepted the half crown paying for
such as are necessarily detained. And be it further or-
dered, that the Townes shall order the Powre of the Ofii-
cers of their severall Bands from time to time.

32. It is ordered, that each Towne shall choose a
Committee to Examine the accounts of each Towne inter-
changeably, and to exhibitt them whollie at the next
Generall Courts.

33. It is ordered, that the Indian Corne shall goe at
four shillings a bushell between man and man in all Pay-
ments for debts made from this day forward : Provided, it
be Merchantable.

34. The Court doth order and Proclayme a Generall

TOWN OF NEWPORT. 11 !

Pardon of all offences that have been presented to and l^J-ll.
given in this Present Sessions. •--*-v-*»

35. According to an order of Court made in March Accoum..
last, wherein a Committee was appointed to examine and
rectify the Threasurers accounts, which accordingly they
have done, and also exhibiting this foilowdno; answer in

Memorandum : There remains due from the Threasury f^^
of Nuport the summe of one hundred pounds, and eleven
pounds, three shillings and foure pence, as appeareth by
the severall particulars ; and in case that Mr. Dyre and
Henry Bull's bills upon Portsmouth be more than on Nu-
port, then the surplus to be discounted ; and in case any-
thing be omitted by eyther Treasury, then upon demand
allowance to be made of the one halfe.
Signed,

WILLIAM BRENTON,
JOHN COGGSHALL,
WILLIAM BAULSTON,
ROBERT JEOFFRIES.

At the Generall Court of Election
held on the 16th & 17th of March, att
Newport, 1642.
It is ordered, that Richard Carder, Randall Ilolden,
Sampson Shatton, and Robert Potter, are disfranchised of °^^'»«"''"''
the Priviledges and Prerogatives belonging to the Body
of this State, and that their names be cancelled out of the
record.

It is further ordered, that George Parker and John
Briggs are suspended their votes till they have given satis- ^"'''^''' ""*•
faction for their offences.

It is further ordered, that Mr. Lenthall being gone for
England, is suspended his Vote in Election,

RHODE ISLAND COLONY RECORDB.

By Election.
^Ir. Will'm Coddington is chosen Governoiir for one
whole yeare, or till a new be chosen.

Mr. Wm. Brenton is chosen Dep'tie Gov'r for one

whole yeare, &c.

Mr. Nicholas Easton ]

Mr John Coo-o-eshall I • , - • l x> i i

^^ K 13 chosen assistant lor one whole

Mr. John Porter f „

yeare, occ
Mr. Wm. Balston J ^

William Dyre is chosen Secretarie for one whole
yeare, &c.

Mr. Roh't Jeoffries is chosen Threas'r of Nuport for one
whole year, &c.

Mr. Thorn. Spicer is chosen Threa'r of Portsmouth for
one whole year, &c.

Henry Bull ) are chosen Sargent attendants for one

Thomas Gorton ) whole yeare, or till a new be chosen.

George Gardiner, ) . n i. l^

^ ^ ^ ' > are chosen Constables.

William i'reeborn, )

fespucation. Ti^e Court doth declare that it was the Intent of that
order made concerning Militarie Officers, that each Town
or Band should chuse their officers within themselves, and
not to choose their officers out of another Towne or Band.

Idem. rj.|^^ Q^^^^.j.^ ^^^^ furthcr declare that the Officers for

Militarie Affaires are included in that order of yearly elec-
tions, namelie : in that particle (all officers, &c.).

Traynings. Forasuuich as by the due care of this honored Courtj
divers orders have from time to time been made and estab-
lished concerning Trainings, and great neglect have been
therein hitherto, whereby great detriment hath, and is like
to ensLie upon the State by reason thereof, the which being
earnestly desired by divers of this Court, to be taken into
consideration. Be it therefore enacted, and by this Pres-
ent authoritie Established, that the officers for militarie af-

TOWN OF NEWPORT. 121

fairs, Vidg't, Captains, Leiftenants, Ensigns, Sarjeants and 1642.
Clarks shall be dewlie chosen every yeare at y'' Generall^-*""^"^*'^
Courte of Election ; and that also the officers of each
Band shall be chosen within themselves or limitts (and not
officers) to be chosen one band oat of another Towne or
Band ; and further that their Powre shall be ordered from
time to time by the Towne according to the order in that
case Provided ; and also, that the order or orders made
Angnst 6th, 1640, Sept. 17, 1641, be effectually ob-
served in all points, excepting what is already excepted ;
and that all former orders excepting, are hereby made
void and of no force.

By Election.
Mr. Robert Jeofireys is elected Captain for Nuport,
Mr. Jeremy Clarke, Lieutenant.
Mr. Smith, Ensign.
George Gardiner, Sargent, Sen'r,
Robert Stanton, Sargent, Jun'r,
Toby Knight, Clarke.

Mr. Richard Morris is elected Captain for Portsmouth j

Mr. Balston, Lieftenant,

Mr. Thomas Cornill, Ensignc,

Mr. Cowland, Sargent, Sen'r,

Thomas Gorton, Sargent, Jun'r,

Adam Mott, Clarke.

It is ordered, that the first Monday of every month, the
Traine Bands shall be exercised by the Commanders, ex-
cepting in the months of May and August, January and
Febru.: and the warning to be seasonably given by the

122 RHODE ISLAND COLONY RECORDS.

1642. ofBcer.s at the one Meeting against the other ; and further,

■^-^^^'^^^ it is ordered, that the Captains shall chuse their Drum-
mers and Corporalls.

waives. It is further ordered, that he that shall kill a Wolf vpon

the ysland, shall have thirty shillings for every Wolf he
Kills ; also, it is ordered, that the Magistrates of each
Towne shall procure two men for each Towne to range the
Woods for to Kill them ; who shall also agree to satisfie
them by the day, besides the thirtie shillings a head,
which money or payment shall be made the Moitie out of
each Threasurie.

Account. Mr. JeofTreys, Threasurer, his accounts being dewlie
examined by the auditors by order appointed, and accord^
ingly exhibited to this Court, is allowed of, and he is dis-
charged of the said account ; and what remains to be
transferred to the other accounts, he being again chosen
Threasurer.

Also it is ordered, that the other Towne shall appoint
three to audite the old Threasurers accounts, and exhibit
them att the next Quarter Sessions, and the remainder to
be transferred to Mr. Spicer, now Threasurer.

Provision It is ordcrcd, that the ordinaries shall no longer
make Provision of diett for the Courts at the countrie
charge.

Few. It is further ordered, that the three shillings a day al-

lowance shall be taken off from the Officers, and that the
Secretarie shall have the fee's and customes allowed by the
Lawes and Constitutions of England ; also he shall exe-
cute the Clarke of the Peace his office ; and for wdiat time
the said Secretarie shall expend for writing or enrolling
the Court's Acts, satisfaction shall be made out of the
Treasury ; Also the Sarjeants shall have the fees allowed
them by order of Law for their arrests and summons, &c.;
or upon the States service their attendance, to be satis-
fied : Provided also, that by this order their bills for the
last yeare be not frustrated.

It is further ordered, that thor shall be but one General!

TOWN OF NEWPORT. 123

Court in the yeare, vidg't, the Court of Election, and that 1640.
to be held according- to the ancient form and custome ; ^^*^v-*-^
and but two Quarter Sessions in the yeare ; vidg't, the
one in June, the other in December ; and they to be held
according to the ancient forme and Custome ; Provided,
that if ther shall appear speciall occasion, then the Gov-
ernour and Deputie with the rest of the Magistrates, or
two of them, shall have Powre to call eyther Generall
Courts, or more Session Courts ; and what former orders
are contrarie hereunto to this Present act, are made void.

It is also further ordered, that such acquittances for the
receipt of the Land Moneys under the Threasurers hand,
being exhibited or sent vnto the Secretarie, he shall have
full powre to record y'' said lands and give the parties ex-
emplifications of the same vnder his hand and in the
States' name.

It is ordered, that if any Person or Persons shall sell, imians
give, deliver, or any other wayes convey any Powder,
Shott, Gunn, Pistoll, Sword, or any other Engine of
Warr, to the Indians that are, or may prove offensive to
this State or to any Member thereof, he or they for the
first offence being lawfully convict, shall forfeit the sum
of forty shillings ; and for the second offence, offending
in the same kind, shall forfeit five pounds ; half to our
Sov'n Lord the King, and half to him that will sue for
it ; and no wager of Law by any means to be allowed y"
offender.

It is ordered, that if John Weeks, Randall Holden,.GoodBt-
Richard Carder, Sampson Shatton or Robert Potter shall
come vpon the Island armed, they shall be by the Consta-
ble (calling him sufficiently aside) disarm' d and carried
before the Magistrate, and there find sureties for their
good behaviour ; and further be it estabhshed, that if that
course shall not regulate them or any of them, then a fur-
ther dew and lawfull course by the Magistrates shall be
taken in their Sessions : Provided, that this order hinder
not the course of Law already begun with J, Weeks.
9 "^

laviour.

124 RHODE ISLAND COLONY RECORDS.

1640. It is ordered, that the Secretarie shall have full Powre
^-*"~^'"'*-' upon the Threasurer's information to sue for the monys

9.n tt. ■'■ "^

that is due vnto y*" Threasurie.
Ffinis.

Courts.
Juries.

At the Generall Court assembled at Nuport

on the 19th of September, 1642, these

orders following were agreed upon.

It is ordered, that George Parker and John Briggs are
reunited of their censure of suspension.

It is ordered, that the Freemen of the Towne in their
Towne meetings shall appoint the Juries for the Courts,
and that they shall have powre as well to appoint the In-
habitants, as Freemen for that service, by virtue of the
Tenure and grant of their Lands which is freehold ; and
further it is ordered, that the two Courts in June and De-
cember, shall be held as the two Generall Sessions ; also,
that the two other Courts, Vidg't, in March and Septem-
ber shall again be held, and kept as Quarter Courts ; and
further it is ordered, that the Juriors shall have twelve
pence a piece p'd them for every cause vpon issue joyned,
both at these and all other Courts held and kept within
our Jurisdiction.

It is ordered, that full Commission is granted to Mr.
uamJ; ^''" Roger Williams to consult and agree with Miantonomie,
Sachem of the Narragansetts, for the destruction of the
Wolves that are now upon the Island ; and also, that they
no way damnific the English in that, or in a present hunt-
ing [ground] granted to them for the killing of the deare
that are upon the same ; provided, that the Indians shaU

;/nror8 pay.

Commission

TOWN OF NEWPORT.

125

no moro require tlie like curtesie of hiuiting upon tlie Is- 1640.
land when as this enterprise is effected. v-*»-v-i*-/

It is ordered, that a Committee shall be appointed to ^.^^^^^
consult about the procuration of a patent for this Island
and Islands, and the lands adjacent ; and to draw up Peti-
tion or Petitions ; and to send letter or letters for the
same end to Sr. Henry Vane ; and that if any opportu-
nitie be presented, they shall have full Powre to transact
and send to the forenamed Gentleman or any others whom
they shall think meet for the speedy affecting of said busi-
ness ; Provided, that an opportunitie be as aforesaid pre-
sented, between this and the Generall Court in March
next ; which opportunitie foiling, then to present the af-
faires so ripened to the Generall Court then assembled ;
and further it is ordered, that what charges shall any
way be dispended herein, the Body doth engage them-
selves a dew proportion therein.

The Committee appointed for the transaction of this (.^,^^j^;^jg^,g
business, is the Governour, the Deputie, the foure Assist-
ants, the Secretary, Cap't. Jeoffreys, Capt. Harding, and
Mr. John Clarke.

It is ordered, that all such Freemen that doth not Co-votos.
habit vpon the Island, shall have no vote or Powre to
transact any [business] in our Courts.

It is ordered, that no man shall be disfranchised, but Disfran-
when the major part of the bodie entire is present. "^ '"""''" '

It is further ordered, that all the Priviledges, preroga- [?°°^Jj™^i-,.
tives and liberties of the Government, State, Townes, per-"'"^^'
sons, or person are confirmed.

It is ordered, that if any Englishman shall kill or bring ^°^^^'-
in any of the Wolves heads that are upon the Island and
slain thereon, and bring the head thereof to y'' Governour
in Newport, or Deputie in Portsmouth, he shall have five
pound for his paines ; and at the next Town's meeting, a
rate by the Townsmen, shall be made for every man to
pay to it according to this State of Cattle, which mult shall
be levied and raised by the Sarjent, who shall be satisfied

126 RHODE ISLAND COLONY RECORDS.

1640. for Ills paines ; and that both Towns shall paj it propor-
^^^-^*^ tionably to the Cattle therein.

It is ordered, that the Governour and Deputie shall
treat with the Governour of the Dutch to supply vs with
necessaries, and to take of our commodities at such rates
as may be suitable.

It is ordered, that no person or persons shall make any
dictTon.""'' sale of his lands (in or belonging to our Jurisdiction) to
any other Jurisdiction, or person therein, vnless that that
Jurisdiction or person shall be subject to the Government
here established, vpon paine of forfeiture of the said lands
so proffered.

Supplies.

Sale to an-

Threasu-
rer's dis-
charge.

At the Generall Court of Election held at
Portsmouth the 15th of March, 1643.
By the Election of the Body, The officers of the State
were elected as they stood the former yeare, excepting
the Serjents, which were

James Rogers, for Nuport,
George Parker, for Portsmouth.
Mr. Baulston, Threas'r, of Portsmouth, exhibited his
Threas's accounts this present Court, and by the Court
was allowed ; and the said Mr. Baulston discharged of
the said accounts for the time passed, and what surplus
remained, to be transferred to the other accounts.

TOWN OF NEWPORT.

1644.

At the Grenerall Court of Election held at
Nuport on the 13th of the first month, 1644.

All were chosen officers agame as they were last yeare,
except Mr. Jeremy Clarke, who was chosen Threasurer of
Nuport, in Mr. Jeolfrey's stead.

The Military Officers elected for Nuport were Mr.
Clark, Capt. ; Mr. Smith, Lief 't. ; George Gardiner,
Ensign ; Toby Knight, Clark ; Robert Stanton and Peter
Easton, Sarjants ; John Coggeshall, Thomas Gould, James
Barker, Henry Timberleggs, Corporalls ; and John Hardy,
Drummer. For Portsmouth, Capt. Morris, Chef 'n ; Mr.
Samford, Lft,; Mr. CorniU, Ensign ; Mr. Willbor, Clark;
George Parker, Tho: Gorton, Sam'l Willbor, Sarj'ts ;
John Alsborow, Tho: Brookes, Rich: Awards, Jo: Antho-
ny, Corporalls ; and Jo: Cranston, drummer.

It is ordered by this Court, that the ysland commonly j,^ame.
called Aquethneck, shall be from henceforth called the
Isle of Rhodes, or RHODE ISLAND.

It is ordered, that a debt of thirty shillings, due to Mr. Bebts.
Edw'd Hutchinson, for trading Commodities, shall be sat-
isfied out of the Threasuries joyntly.

It is ordered, that forasmuch as according to divers or-
ders by Generall Courts formerly made, That all such Lands.
Lands as were granted to any, they should be recorded in
the State Book, which should be their Evidence to Perpe-
tuity. And itt now appearing to this present Court that
much Lands have been granted vnto divers persons who
have made sales thereof, and have neglected to record
their Lands so granted, or past on so and so to persons
purchasing the same Lands, and have since gone away, or
departed from the Jurisdiction, so that original Records
cannot be in a dew forme made. Be itt now established,
and decreed by the Court and the authority hereof, that
all who hath made or shall make purchases of any such

128 RHODE ISLAND COLONY RECORDS.

1644. lands, and shall sufficiently evince eyther by writings, bar-
^-''"^''"*-' gains, contracts, or other Testimony of the Purchase of
any such Land or Lands before one Judge of the Court
and the Clerk of the Peace ; that then the Secretarie shall
have full Powre to record the said Lands in the State
Book to the purchaser ; and in his name then holding the
said Land, which Record shall be as authentick to him or
them, their Heirs, Executors or Assigns, as if the said
Lands had been originally granted, and according to that
Tract in all points observed.

It was ordered, that Robert West should be paid three
pounds from Nuport, and two pounds from Portsmouth
^°''' Threasury, for destroying the other Wolf.

It was ordered and agreed, by the Body of this State
before the Election of this present day, that the major of
the major part of the Body in the Generall Courts appear-
ing : shall have full powre to transact the affaires of the
State ; also, to impose fines or penalties vpon all such of
the Body that shall not appeare, or other wayes shall neg-
lect or absent themselves from the service of the State hav-
ing made their appearance in the Court, without leave.

WARWICK.

16 4 2.

[The settlers at Warwick, unlike those of Providence, 1642.
Portsmouth and Newport had not, prior to the Charter to ^— •^^^-^
the Colony of March 14, 1G44, combined together as a
corporation, or assumed to exercise any of the powers of
government. The reason for omitting to do so was not
because they were opposed to any government, as has
been charged against them, but because they held that so
long as they were English subjects, they had no lawful
right to erect a government, and could not without au-
thority from the crown or government in England. They
denied that the self-constituted governments in the other
towns were of any authority, because their power was not
lawfully derived from the government to which they owed
allegiance. They therefore never exercised any power of
government, or proceeded to elect any officers until the
organization of a government for the colony in May,
1647, under the charter of 1644.

Their first act was on the 8th day of August, 1647, and
is thus recorded.

RHODE ISLAND COLONY RECORDS.

Having now received our orders this 8th of August,
from y"" Generall Recorder, we have chosen for a Towne
Council, being a General Assembly order,

JO: GREENE,
EZC: HOLIMAN,
JO: WARNER,
RUFUS BARTON,
RANDALL HOLDEN.
Rufus Barton,

Town Magistrates.

Jo: Wickes,
Jo: Warner, Town Clarke,
Hen: Townsend, Constable
Chri: Helme, Sargant.]

Deed from Miantonomi to Randall Holden, John Greene
and others of Shawomet, noiv known as Warivick, Janu-
ary, 12, 1642.

Know all men : that I, Myantonomy, Cheefe Sachem
of the Nanheygansett, have sould vnto the persons heare
named, one parsell of lands with all the rights and privi-
leges thereoff whatsoever, lyinge uppon the west syde of
that part of the sea called Sowhomes Bay, from Copassa-
natuxett, over against a little Hand in the sayd Bay, be-
ing the North bounds, and the outmost point of that neck
of land called Shawhomett ; beinge the South bounds
fFrom the sea shoare of each boundary uppon a straight
lyne westward twentie miles. I say I have truly sould
this parsell of lande above saydc, the proportion whereof is

TOWN OF WARWICK.

131

according to the mapp under written or drawne, being the 1639.
forme of it vnto Randall Houlden, John Greene, John ^-*'''^^^*»
Wickes, ffrancis Weston, Samuell Gorton, Richard Water-
man, John Warner, Richard Carder, Sampson Shotten,
Robert Potter, William Wuddall, ffor one hundreth and'
fortie foure ffathom of ^Yampumpeage. I say I have sould
it, and possession of it given unto the men above sayed,
with the ffree and joynt consent of the present inhabit-
ants, being natives, as it appeares by their hands hereunto
annexed.

Dated y" twelfth day of January, 1642. Beinge en-
acted vppon the above sayed parsell of land in the pres-
ence off

PuM 1
Jano,

HOMM,

*^ his marke,
John Greene, Jun'r,

MYANTONOMY,

Sachem of
Shawhomett,

TOTANOMANS,

his marke,

The within written deed is entred and recorded in the
publick records of his Majesties Collony of Rhode Island
and Providence Plantations on the (158) page of the
booke of land evidences.*

As attests,

JOHN SANFORD, Recorder.

"■•■ Indian Deed of Potowomut, a portion of the town of Warwick, from the origi-
nal land evidences in the Town Clerk's office.

TCiiow all men by Uicse prcseuts, y' I, Taccomannii, right oAvner of all y"
meadoAvs and mowable land upon a neck of ground eoraonly called by y° Eng-
lish, by y° name of Potawomett, situated and being upon y° great river called
by y" naime of y^ Nanhygansott Bay, lying over against y° South end of that

132

RHODE ISLAND COLONY RECORDS.

1641. '"'^'cl:? of land cnlled Shawomet, which bay is y° East bounder, and that river
^^^.^^ commonly called by y^ English Potawomut river ; being in y° Southward
bounnder and C ;es'sett bay, being y° norward bounder for y" space or length
of fower myk'S, according to y" English accoumpt, by y° said Potawomut
river westward, from y° said Nanhygansett baj^, which parcel! of land as
^ abovesaidc. with all y" right and privilidges thereto appertaining, by land,
water, wood or otherwise, I doe hereby, and by these presents ffrecly ackuowl-
ed*e to have Icagaliy and trewly sould, made over, and by these presents doe
forever qnitclairae unto Randall Houlden and Ezchiel Hollyma,u, both of
"Warwick, for themselves and y° rest of y° inhabitants of y' abovesaid towne of
Warwicke to them and their heires, and to have and to hould for ever, for y"
just some of fifteen pounds dewly paid and received allrcady, in wampumpeage,
only I am to receive y" valine of one coate of such clothe as y° Indians doe now
commonly use to weare, annually as a gratuity hereafter ; and I doe hereby
binde and ingadge myselfe, that neither I nor any in my naime, nor in my be-
halfe shall forever hereafter dissurbe or molest them or any of them in y°
cjuiett and peaceable possession and injoymcnt of this, their proper right and
inheritance ; Moreover, I doe by these presents, further binde and engage my-
selfe, and allso my heires and suckcessors, and that in consideration of y"
abovesaid sum of money in payment received, never hereafter to sell, mort-
gadge, let, or make over any moor, meadow or mowable laud within my right,
tytle, or claime unto any, what or whomsoever, but only to y° parties above-
named, their heires or assignes. In virtue whereof, I have heare unto sett my
hand and scale, according to y" custome of y" English. Dated y° thirteenth
day of July, Anno. 1654.

Scaled and delivered
hi y" presence of

TACCOMANAN,

his markc.

Jeremy "Westcott,
William Baker,

Samuel Ensall.

AWASHOTUST,
eldest soun to him above
his marke.

AY AWANOCKOS HAW,

m another sonu

his marke.

MSICELLANEOUS DOCUMENTS.

MISCELLANEOUS DOCUMENTS.

13^

1G43.

A Coppy of a letter sent to Mr. R. Williams, of Provi-
dence.

Sir :

Wee receaved lately out of England a charter from
y"" authority of y^ high Courte of Parliament, beareing
date 10th December, 1643, whereby y"* Narragansett
Bay, and a certaine tract of land wherein Providence and
y^ Island of Quidy are included, which wee thought fitt to
give yow, and our other country men in those parts, notice
of, y'' you may forbeare to exercise any jurisdiction there-
in, otherwise to appeare at our next Generall Courte, to
be holden the 4th day of y" 8th month, to show by what
right yow claime any such jurisdiction ; for which pur-
pose yourself and other your neighbours shall have free
liberty to cane, stay, and returne, as the occasion of A^
said business shall require.

Dated at Boston, in y^ Mattatusetts, 27 1 6th mo.^
1645.

To jMr. Roger Williams, of Providence, by order of y^
counsell.

INCREASE NOWELL, Sec't.

(Mass. Col. Records, vol. 3, p. 49.)

134 RHODE ISLAND COLONY RECORDS.

1644.

The Act and Deed of the voluntary and free sub?nission of
the c/iiefe Sachem, and the rest of the Princes, with the
whole people of the Nanhigansets, unto the Government
and protection of that Honorable State of Old-England ;
set downe, here, verbatim.

Know all Men, Colonies, Peoples, and Nations, unto
whom the fame hereof shall come ; that wee, the chiefe
Sachems, Princes or Governouvs of the Nanhigansets (in
that part of America, now called New-England), together
with the joynt and unanimous consent of all our people
and subjects, inhabitants thereof, do upon serious conside-
ration, mature and deliberate advise and counsell, great
and weighty grounds and reasons moving us thereunto,
whereof one most effectual unto us, is, that noble fame
we have heard of that Great and might}^ Prince, Charles,
King of Great Britaine, in that honorable and princely
care he hath of all his servants, and true and loyall
subjects, the consideration whereof moveth and bend-
eth our hearts with one consent, freely, voluntarily, and
most humbly to submit, subject, and give over our-
selves, peoples, lands, rights, inheritances, and possessions
whatsoever, in ourselves and our heires successively for
ever, unto the protection, care and government of that
worthy and royal Prince, Charles, King of Great Britaine
and Ireland, his heires and successors forever, to be ruled
and governed according to the ancient and honorable
lawes and customes, established in that so renowned
realme and kingdome of Old England ; we do, therefore,
by these presents, confesse, and most willingly and sub-
missively acknowledge ourselves to be the humble, lov-
ing and obedient servants and subjects of his Majestic ; to
be ruled, ordered, and disposed of, in ourselves and ours,
according to his princely wisdome, counsell and lawes of that
honorable State of Old England ; upon condition of His

TOWN OF AVARWICK. 135

Majesties' royal protection, and wrigliting us of what wrong 1644.
is, or may be done unto us, according to his honorable lawes '-"•^--*^
and customes, exercised amongst his subjects, in their
preservation and safety, and in the defeating and over-
throve of his, and their enemies ; not that we find our-
selves necessitated hereunto, in respect of our relation, or
occasion we have, or may have, with any of the natives in
these parts, knowing ourselves sufficient defence, and able
to judge in any matter or cause in that respect ; but have
just cause of jealousy and suspicion of some of His Majes-
ty's pretended subjects. Therefore our desire is, to have
our matters and causes heard and tried according to his
just and equall lav/es, in that way and order His Highness
shall please to appoint : Nor can we yield over ourselves
unto any, that are subjects themselves in any case ; having
ourselves been the chief Sachems, or Princes successively,
of the country, time out of mind ; and for our present and
lawfull enacting hereof, being so farre remote from His
Majestie, wee have, by joynt consent, made choice of
foure of his loyall and loving subjects, our trusty and
well-beloved friends, Samuel Gorton, John Wickes, Ran-
dall Houlden and John Warner, whom we have deputed,
and made our lawfull Attornies or Commissioners, not only
for the acting and performing of this our Deed, in the be-
halfe of his Highnesse, but also for the safe custody, care-
full conveyance, and declaration hereof unto his grace :
being done upon the lands of the Nanhigansett, at a
Court or Generall Assembly called and assembled togeth-
er, of purpose, for the publick enacting, and manifestation
hereof.

And for the further confirmation, and establising of this
our Act and Deed, wee, the abovesaid Sachems or Princ-
es, have, according to that commendable custome of Eng-
lishmen, subscribed our names and sett our seals hereunto,
as so many testimonies of our fayth and truth, our love
and loyalty to that our dread Soveraighne, and that ac-
cording to the Englishmen's account. Dated the nine-

136 RHODE ISLAND COLONY RECORDS.

1644. teentli day of Aprill, one thousand six hundred and forty-
^'-*^^'^*- four.

PESSICUS, his marke, Chief ^'^^ —j^

Sachem, and successor of that '"""^
late deceased Miantonomy. ^

The marke of that ancient CO- p
NANICUS, Protector of that late ^
deceased Miantonomy, during the -;;7;^'xi
time of his nonage.

The marke of ]MIXAN, son and ^|iii
heirc of that abovesaid Conanicus.

Witnessed by two of the chicfe counsellors to Sachem
Pessicus.

AWASIIOOSSE, his marke, iS

Indians. ^ TOMANICK,
I his marke.

I ^_ —

Sealed and delivered, in the presence of these persons :
f CHRISTOPHER HELME,
English. <; ROBERT POTTER,
[ RICHxiRD CARDER.

Here folio weth a copy of a letter sent to the Massachu-
setts, by the Sachems of the Narragansetts, (shortly after
their subjection to the State and Government of Old
England) they being sent unto by the Massachusetts, to
make their appearance at their General Court, then ap-
proacing.

We understand your desire is, that we should come
downe into the Massachusetts, at the time of your Courte,
now approaching. Our occasions at this same time are
very great ; and the more because of the loss (in that
manner) of our late deceased brother, upon which occa-

MISCELLANEOUS DOCUMENTS. 137

sion, if we should iijt stir ourselves, to give testimony of 1644.
our faithfuiness unto the cause of that our so unjust clepri- ^^-^-^v— a.--
vation of such an instrument as he was amongst us, for
our common good, we should fear his blood would lie upon
ourselves ; so that we desire of you, being we take you
for a wise people, to let us know your reasons why you
seem to advise us as you do, not to go out against our so
inhuman and cruel adversary, who took so great a ransom
to release him, and his life also, when that was done.
Our brother was willing to stir much abroad to converse
with men, and we see a sad event at the last thereupon.
Take it not ill, therefore, though we resolve to keep at
home, (unless some great necessity calls us out,) and so,
at this time, do not repair unto you, according to your re-
quest. And the rarher because we have subjected our-
selves, our lands and possessions, with all the rights and
inheritances of us and our people, either by conquest, vol-
untary subjection or otherwise, unto that famous and hon-
orable government of that Royal King, Charles, and that
State of Old England, to be ordered and governed accord-
ing to the laws and customs thereof ; not doubting of the
continuance of that former love that hath been betwixt
you and us, but rather to have it increase, hereby being
subjects now (and that with joint and voluntary consent),
unto the same King and State yourselves are. So that if
any small things of difference should fall out betwixt us,
only the sending of a messenger may bring it to right
again ; but if any great matter should fall (which we hope
and desire will not, nor may not), then neither yourselves,
nor we are to be judges ; and both of us are to have re-
course, and repair unto that honorable and just Govern-
ment ; and for the passage of us or our men, to and again
amongst you, about ours or their own occasions, to have
commerce with you, we desire and hope they shall have
no worse dealing or entertainment than formerly we have
had amongst you, and do resolve accordingly to give no
worse respect to you or yonrs, than formerly you have

I.RS

RHODE ISLAND COLONY RECORDS.

1S44. found amongst us, according to the condition and manner
-^^^^^^ of our country.

Navrangansett, this present Ma,y the 24th, 1644,

PESSICUS, ^*4j'*^^IIis marke.
CONANICUS, I His marke.

^4 true copy of a Letter sent to the Massachusetts, at a Gen-
eral Court, held shortly after the submission of the people
of the Narragansetts unto the State of Old England, by
the Commissioners put in trust for the further publication
of their solemn Act.

These are to let you understand, that since you expelled
us out of your coasts, the Sachems of the Narragansett,
have sent for certain men of the King's Majesty's subjects,
and upon advised counsel amongst themselves, (a General
Assembly being called of purpose for that end) they have
jointly, voluntarily, and with unanimous consent, submit-
ted and subjected themselves, with their lands and posses-
sions inherited by lineal descent, voluntary subjection,
right of conquest, purchase or othei-wise, wdiatever lands
or privileges appertain and bolong unto them, unto that hon-
orable and famous Prince, Charles, King of Great Britain
and Ireland, in that renowned State and Government of
Old England, to be ruled and ordered, according to those
honorable laws and customs, in themselves and their suc-
cessors forever, which is performed and done, in that sol-

MISCELLANEOUS DOCUMENTS. 1^9

emn, durable and commendable custom of record, under 1644.
divers and several hands and seals, witnessed sufficiently, '^-*^-'-*-
both by the Natives and English, solemnly delivered and
received on His Majesty's behalf, holding correspondence
with the laws and customs of that honorable State of Old
England in all points. We thought good, therefore, to
give you notice hereof, at your General Court now assem-
bled, that it may serve to inform yourselves, and all your
United Colonies, of the performance of this act done,
without any further pains or trouble ; that so not ourselves
only, that are eye and ear witnesses hereof (but you also),
may follow^ our occasions and employments, without any
extraordinary care or fear of the people abovesaid, to offer
to make any inroad, or give any assault upon us. But
with that indignity offered and done unto their sovereign,
which cannot be borne nor put up, without a sharp and
princely revenge, nor may we upon the like penalty, offer
to disturb them in their bounds and territories, in their or-
dinary and accustomed employments among themselves,
or with any of their neighboring natives, whose grounds
of proceeds, causes and occasions are better known unto
themselves, than we can be able to judge of. But if either
you or we find any thing amongst them too grievous to be
borne, they not making any violent assault upon us, we
know whither and to whom we are to repair, and have
recourse for redress, as we tender our allegiance and sub-
jection unto our King and State, unto which they are
become fellow subjects with ourselves ; and therefore, of
necessity. His Majesty's princely care must reach unto
them. Furthermore, that it may appear, that our deal-
ings* towards you, and all men, have been and shall prove
just and true, whatever your dealings may or have mani-
fested themselves to be towards us ; know therefore, that
being abroad of late, about our occasions, we fell to be
where one of the Sachems of that great people of Mauk-
quogges was, with some of his men, whom we perceive
are the most fierce and warlike people in the country, or
10

140 RHODE ISLAND COLONY RECORDS.

1 644. continent where we are, furnished with 3700 guns — men
^-*'"^'"*^' expert in the use of them, plenty of powder and shot, with
furniture for their bodies in time of war for their safety,
which our natives have not. We understand that of late
they have slain a hundred French, with many Indians,
which were in league with the French, putting many of
them to cruel tortures ; and have lost but two of their own
men. These being, as we understand, deeply affected
with the Narragansetts, in the loss of their late Sachem,
unjust detaining also of so great a ransom, given and re-
ceived for his life ; and else are resolved (that if any
people offer to assault them in their accustomed courses
amongst the natives, or seeking after their ancient rights
and privileges, not offering wrong to any of His Majesty's
subjects, nor violating their subjection to that noble State,
which they seem to respect, and much to adore) to wage
war with them unto the uttermost, which it seems is the
very spirit of that people to be exercised that way ;
which, as we desire to make use of it ourselves, so do we
hereby give notice to you also, to make the best use of it
unto yourselves, in all your colonies united.

By us, the true and lawful owners of Shawomet.

JOHN WARNER, Secret.

June the 20th, 1644.

RECORDS

OP THE

COLONY or RHODE ISLAND,

AND

PKOVIDENCE PLANTATIONS,

UNDER THE FIRST CHARTER.

1647 TO 1663 =

RECORDS OF THE COLONY OF RHODE ISLAND. 143

P»A.TEISrT

PROVIDENCE PLANTATIONS

Whereas by an Ordinance of the Lords and Commons, 1647.
now assembled in Parliament, bearing Date the Second ^--'•^^'-^
Day of November, Anno Domino 1643, Robert Earl of
Warwick, is constituted, and ordained Governor in Chief,
and Lord High Admiral of all those Islands and other
Plantations inhabited or planted by, or belonging to any
His Majesty the King of England's Subjects, (or which
hereafter may be inhabited and planted by, or belonging
to them) within the Bounds, and upon the Coasts of
America. And whereas the said Lords have thought fit,
and thereby ordained, that Philip Earl of Pembroke, Ed-
ward Earl of Manchester, William Viscount Say and Seal,
Philip Lord AVharton, John Lord Rolle, Members of the
House of Peers. Sir Gilbert Gerrard, Baronet, Sir Ar-
thur Haslerig, Baronet, Sir Henry Vane, jun.. Knight,
Sir Benj'amin Rudyard, Knight, John Pim, Oliver Crom-
well, Dennis Bond, Miles Corbet, Cornelius Holland,
Samuel Vassal, John Rolle, and Wm. Spurstow, Esqrs.,
Members of the House of Commons, should be Commis-
sioners, to join in Ai(l and Assistance Avith the said Earl.
And whereas for the ly^Mer Government and Defence, it
is thereby ordained, th^t the aforesaid Governor and
Commissioners, or the greater Number of them, shall

144 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. have Power, and Authority from Time to Time to nomi-
"-^"^■"""^^nate, appoint, and constitute all such subordinate Gov-
ernors, Counsellors, Commanders, Officers, and Agents,
as they shall judge to be best affected, and most fit
and serviceable for the said Islands and Plantations ;
and to provide for, order and dispose all Things, which
they shall, from Time to Time, find most advantageous
for the said Plantations ; and for the better Security
of the Owners and Inhabitants thereof, to assign, ratify,
and confirm, so much of their afore-mentioned Authority
and Power, and in such Manner, and to such Persons
as they shall judge to be fit for the better governing and
preserving of the said Plantations and Islands, from open
Violences and private Disturbances and Distractions. And
whereas there is a Tract of Land in the Continent of
America aforesaid, called by the Name of the Narragan-
set-Bay ; bordering Northward and Northeast on the
Patent of the Massachusetts, East and Southeast on
Plymouth Patent, South on the Ocean, and on the West
and Northwest by the Indians called Nahigganneucks,
alias Narragansets ; the whole Tract extending about
Twenty-five English Miles unto the Pequot River and
Country.

And whereas divers well affected and industrious Eng-
lish Inhabitants, of the Towns of Providence, Portsmouth,
and Newport in the tract aforesaid, have adventured to
make a nearer neighbourhood and Society with the great
Body of the Narragansets, which may in Time by the
blessing of God upon their Endeavours, lay a sure Foun-
dation of Happiness to all America. And have also pur-
chased, and are purchasing of and amongst the said Na-
tives, some other Places, which may be convenient both
for Plantations, and also for building of Ships, Supply of
Pipe Staves and other Merchaij^^'^-^e. And whereas the
said English, have represented eir Desire to the said
Earl, and Commissioners, to ha^e their hopeful Begin-
nings approved and confirmed, by granting unto them a

AND PROVIDENCE PLANTATIONS. 146

Free Charter of Civil Incorporation and Government ; 1647.
that they may order and govern their Plantation in such '•^'^'^-'^•*-^
a Manner as to maintain Justice and peace, both among
themselves, and towards all Men with whom they shall
have to do. In due Consideration of the said Premises,
the said Robert Earl of Warwick, Governor in Chief, and
Lord High Admiral of the said Plantations, and the
greater Number of the said Commissioners, whose Names
and Seals are here under-written and subjoined, out of a
Desire to encourage the good Beginnings of the said
Planters, Do, by the Authority of the aforesaid Ordinance
of the Lords and Commons, give, grant, and confirm, to
the aforesaid Inhabitants of the Towns of Providence,
Portsmouth, and Newport, a free and absolute Charter of
Incorporation, to be known by the Name of the Incorpora-
tion of Providence Plantations, in the Narraganset-Bay,
in New England. Together with full Power and Au-
thority to rule themselves, and such others as shall here-
after inhabit within any Part of the said Tract of land,
by such a Form of Civil Government, as by voluntary con-
sent of all, or the greater Part of them, they shall find
most suitable to their Estate and Condition ; and, for that
End, to make and ordain such Civil Laws and Constitu-
tions, and to inflict such punishments upon Transgressors,
and for Execution thereof, so to place, and displace Offi-
cers of Justice, as they, or the greatest Part of them,
shall by free Consent agree unto. Provided nevertheless,
that the said Laws, Constitutions, and Punishments, for
the Civil Government of the said Plantations, be conform-
able to the Laws of England, so far as the Nature and
Constitution of the place will admit. And always reserv-
ing to the said Earl, and Commissioners, and their Suc-
cessors, Power and Authority for to dispose the general
Government of that, as it stands in Relation to the rest of
the Plantations in America as they shall conceive from
Time to Time, most conducing to the general Good of the
said Plantations, the Honour of his Majesty, and the Ser-

146

RECORDS OF THE COLONY OF RHODE ISLAND,

1647. vice of the State. And the said Eaii and Commissioners,
-*"'"*^do further authorize, that the aforesaid Inhabitants, for
the better transacting of their public Affairs to make and
use a public Seal as the known Seal of Providence-
Plantations, in the Narraganset-Bay, in New-England.
In Testimony whereof, the said Robert Earl of V/arwick,
and Commissioners, have hereunto set their Hands and
Seals, the Fourteenth Day of March, in the Nineteenth
Year of the Reign of our Sovereign Lord King Charles,
and in the Year of our Lord God, 1643.
Robert Warwick, H. Vane,

Philip Pembroke, Sam. Vassall, •

Say and Seal, John Rolle,

P. Wharton, Miles Corbet,

Arthur Haslerig, W. Spurstow.

Cor. Holland,

AND PROVIDENCE PLANTATIONS.

Acts and Orders

Made and agreed upon at the Generall Court of Election,

held at Portsmouth, in Rhode Island, the 19, 20, 21 of

May, Anno. 1647, for the Colonie and Province of

Providence.

Mr. John Cop-sreshall is chosen Moderator of the present Moderator.

O" A Imprimis.

Assembly.

2. It was Voted and found, that the major parte of the '^"^■"'""
Colonie was present at this Assemblie, whereby there was

full power to transact.

3. It was further agreed, that in case the Assemblie
departe unto the number of Fortie ; those fortie shall stay
and act as if the whole were present, and be of as full au-
thoritie.

4. It was a2;reed, that all should set their hands to au^
engagement to the Charter. "'''"*•

5. It was agreed and ordered, that a week before any General
General Courte, notice should be given to every Towne by

the head officer, that they chuse a Committee for the'^"**'*-
Transaction of the affaires there, except it bee for the
Election of Generall Officers ; and such as go not, may
send their votes sealed.

6. It was ordered, upon the request of the Commis- Towne^"*^*
sioners of the Towne of Providence, that their second in-
struction should be granted and established unto them,
Viclg't. Wee do voluntarily assent, and are freely wil-
ling to receive and to be governed by the Lawes of Eng-
land, together with the way of the Administration of
them, soe far as the nature and constitution of this
Plantation will admit, desiring (soe far as possible may

be), to hold a correspondence with the whole Colonie in
the modell that hath been latelie shewn vnto us by our
worthy Friends of the Island, if the Generall Courte shall

Bulk of
Lawes.

148 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. compleat and confirm the same, or any other Modell as
^--'-v-^-^ the Generall Courte shall agree vpon according to our
Charter.

7. It was unanimously agreed. That we do all owne
and submit to the Lawes, as they are contracted in the
Bulke with the Administration of Justice, according
thereto, which are to stand in force till the next Generall
Courte of Election, and every Towne to haA^e a Coppie of
them, and then to present what shall appeare therein not
to be suitable to the Constitution of the place, and then to
amend it.
Warwick. 8. It was agreed, that Warwick should have the same
priviledges as Providence.

9. It was agreed, that the Generall Courte of Try all
should be held at Newport vpon the second Tuesday of June
next ensuing.

10. It was agreed, that the Election of Officers should
be by papers.

Mr. John Coggeshall is chosen President of this Prov-
ince, or Colonic.

Mr. Koger Williams is chosen Assistant of

Providence,
Mr. John Samford is chosen Assistant of

Portsmouth,
Mr. Wm. Coddington is chosen Assistant of

Newport,
Mr. Randall Holden is chosen Assistant of

Warwick,
William D}re is chosen Gen. Recorder,
Mr. Jeremy Clerke is chosen Treasurer.
Repealed. H- It IS Ordered, that all cases presented, concerning
General Matters for the Colony, shall be first stated in the
Townes, Vigd't, That is, when a case is propounded, The
Towne where it is propounded shall agitate and fully dis-
cuss the matter in their Towne Meetings and conclude by
Vote ; and then shall the Recorder of the Towne, or
Towne Clerke, send a coppy of the agreement to every of

^ 5

AND PROVIDENCE PLANTATIONS. 149

the other three Townes, who shall agitate the case like- 1647.
wise in each Towne and vote it, and collect the votes. ^— »-v-*-^
Then shall they commend it to the Committee for the
General Courte (then a meeting called), who being assem-
bled and finding the Major parte of the Colonic concurring
in the case, it shall stand for a Law till the next Generall
Assembly of all the people, then and there to be consid-
ered, whether any longer to stand yea or no ; Further it
is agreed, that six men of each Towne shall be the num-
ber of the Committee premised, and to be freely chosen.
And further it is agreed, that when the General Courte
thus assembled, shall determine the cases before hand thus
presented, It shall also be lawful for the said General
Court, and hereby are they authorized, that if vnto them
or any of them some case or cases shall be presented that
may be deemed necessary for the public weale and good
of the whole, they shall fully debate, discuss and de-
termine y'' matter among themselves ; and then shall
each Committee returning to their Towne declare what
they have done in the case or cases premised. The
Townes then debating and concluding, the votes shall be
collected and sealed up, and then by the Towne Clarke of
each Towne shall be sent with speed to the General Re-
corder, who, in the presence of the President shall open
the votes ; and if the major vote determine the case, it
shall stand as a Law till the next General Assemblie then
or there to be confirmed or nullified.

12. It is ordered, that the Courte of Election shall al- Election.
way be held upon the first Tuesday after the 15th of May, TryaiiTotes.
annually, if wind or weather hinder not. Then the Gen-
eral Court of Tryall immediately to succeed vpon the dis-
solving of the said General Court, Vidg't : the next day ;
and that the next General Court of Election shall be held
at Pro\'idence Towne. Further, it is, agreed, that foras-
much as many may be necessarily detained, that they can-
not come to the General Court of Election, that then

150 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. they shall send their votes sealed up unto the said Court,
'-^"^'■"^' which shall be as effectual as their personal appearances.

Receipts. ^ ^ *•

Bnrveyorsof 13. It is ordcrcd, that each Towne shall choose and
anf cluie' ordcr y° authoritie of two Surveyors for the Highways,
ported. ajj(] appoint time to mend them ; also that they are to
have notice of all cattle that shall be exported, and returne
the marks of them unto the Towne ; and if any shall pre-
sume to export any without giving notice of it to the men
appointed, or their Deputies, he shall forfeit all such Cat-
tle so exported, or the worth of them.

14. It is ordered, that the Inhabitants of Portsmouth
and Newport here present doe presently choose their offi-
cers of the Island ; but that this act shall be no precedent
for the future, but that the constant course of choosing
shall be hereafter, when as the year is out, as the Major
votes of the Townes of Portsmouth and Newport shall or-
der it sometimes before the year be out, in some peacea-
ble and moderate way which they shall agree upon.

The engagement of the Officers.

You, A. B , being called and chosen vnto public

employment, and the office of , by the free vote and

consent of y® Inhabitants of the Province of Providence
Plantations (now orderly met), do, in the present Assem-
blie, engage yourself faithfully and truly to the utmost of
your power to execute the commission committed vnto
you ; and do hereby promise to do neither more nor less
in that respect than that which the Colonie [authorized]
you to do according to the best of your understanding.

The Reciprocal engagement of the State to \f Officers.

We, the Inhabitants of the Province of Providence
Plantations being here orderly met, and having by free
vote chosen you , to public office and officers for the

AND PROVIDENCE PLANTATIONS. 151

due administration of Justice and the execution thereof 1647.
throughout the whole Colonic, do hereby engage ourselves ^^""--^•^
to the utmost of our power to support and vphold you in
your faithful performance thereof.

15. It is ordered, that the Councills of Newport and
Portsmouth,- shall consult and agree how and in what
manner (within these thirtie dayes) the monthly and quar-
terly Courts shall be ordered, and who shall sit therein ;
further, it is agreed, that all cases depending shall be
heard and issued at the next Generall Court of Tryall.

16. It is ordered, that the Townes shall appoint men
to view all Goates and Swine killed or to be killed, and
shew the eare markes of them unto the said persons or one
of them, whereby it may appeare to be their own ; and if
any shall presume to conceale eyther Swine or Goats so
killed or to be killed, shall forfeit five pounds ; one half
to the State, the other to him that will sue for it, eyther
by action or bill. It shall be lawfull also, for those that
are appointed to the service being necessarily detayned, to
make, constitute, and appoint a Deputie.

17. It is. ordered, that John Cooke and Thomas
Brownell, are chosen Water Bailies for the Colonic.

18. It is ordered, that the Seale of the Province ppi
shall be an Anchor. ^^

19. It is ordered, that the Councils of the Townes
consisting of six men shall be chosen at their next
Towne Meetings.

20. It is ordered, that the Sea Lawes, otherwise Laws of o(«-
called the Lawes of Oleron, shall be in force among us for

the benefit of Seamen (vpon y^ Island), and the Chief Of-
ficers in the Towne shall have power to summon the Court
and determine the cause or causes presented.

21. It is ordered, that none shall goe out of the Court
without leave ; or if any do depart, he shall leave his vote
behind him, that his power remain, though his person be
absent.

22. It is ordered, forasmuch as Mr. Roger Williams

152 RECORDS OF THE COLONY OE RHODE ISLAND,

1647. hath taken great paines and expended much time in the
^-*''^'"*-' obtayninge of the Charter for this Province of Noble
Lords and Governors ; be it enacted and established, that
in regard of his so great travaile, charges and good en-
deavours, we do freely give and grant to the said Roger
Williams one hundred pounds, to be levied out of the
three towns, Vidg't.: Fifty pounds out of Newport, thirtie
pounds out of Portsmouth, and twentie pounds out of Provi-
dence, which rate is to be levied and paid in by the last of
November next.

Trading 23. It is ordcrcd, that forasmuch as there are some re-

House at

mo^be' niote places inhabited and possessed within our Charter,
Newport. ^^^ ^j. -^ ^^^^^^ uccossary that a vigilant eye be had over
them, it is ordered, thatNew^port shall take into their cus-
tody the Trading house or houses of the Nnrragansett
Bay ; Portsmouth to take in Prudence ; and Patuxet
shall be left to their choice, whether they will have Provi-
dence, Portsmouth or Newport over them. And it is or-
dered, that the Officers of each Towne shall have full
power and authoritie in them or eyther of them, according
to their precincts, by this present Court assyned.

24. It is ordered, that there is free Libertie granted
for the free Inhabitants of y*" Province (if they will) to
erect an Artillery Garden, and those that are desirous to
advance the Art Military, shall have freedom to exercise
themselves therein, and to agree of their forme, and
choose their ofi&cers, as they shaU agree among them-
selves.

25. Provided, shall
choose their officers after the 15th
of June next, vpon paine of forfeiting Tenn pounds a
Town, if neglected.

26. It is ordered, that in cases of necessity without
the bounds of the Townes, a special officer for y" execution
of Justice, may be authorized by any of the Generall Of-
ficers for a general case.

27. It is ordered, that y® General Officers shall write

AND PROVIDENCE PLANTATIONS.

153

to tlie Bay about Patuxet Inhabitants ; and also write to 1647.
the Inhabitants thereof to owne and choose the Govern- ^-^-^-^^
ment of the Province.

28. It is ordered, that the Dutch, French or other
AUiants, or any Englishman inhabiting among them, shaU
pay the like customs and duties, as we doe among them
for all such goods as shall be imported for the English,
excepting beaver. Also, we do absolutely prohibit them
or any of them to trade or barter with the Indians within
our Jurisdiction, upon paine of forfeiture of Shipp and
Goods ; and this to take effect after due notice given.
The Generall Officers are ordered to write to the Dutch
Governor, and upon the returne of the answer it shall be
commended to the Townes to consider of.

29. It is ordered, that all y" Inhabitants in each
Towne shall choose their Military Officers from among
themselves on the first Tuesday after the 12th of March ;
and that eight severall times in the yeare, the Bands of
each plantation or Towne, shall, openlie in the field, be ex-
ercised and disciplined by their Commanders and Officers,
in the months of May, August, January and February
excepted ; and on the first Monday of y"* other months,
all the Train Bands to make their personal appearances
completely armed, to attend their colors, by 8 o'clock in
the morning, at the second beate of y° Drum ; and if any
appear not, they shall forfeit and pay five shillings into
the hands of the Clark of y*" Band ; and if any shall come
defective in his Armes or furniture, he shall forfeit and
pay y'* sum of twelve pence, after the Town Council ^^^^
have caused them to be supplied; and that all men whoJ;j;rher
shall come and remaine y^ space of twenty days, shall be i^ic^tton of'

•j-iii p • • !• r>ji- T -T-k somemat-

hable to y** injunction of this order ; Provided, herdsmen, ^^^;|^^;«^^^^-
lighter-men and such as be left of necessity at Farmes, by

ifirmod
an Act

shall pay two shillings and sixpence for every dayes ab- General ®
sence : And that the two Chief officers in each Towne, to ^ie^heid
witt : one of the Commonweale, the other of the Band, momh,"
upon the exhibition of the complaint by y° Clark (which wimsst!

RECORDS OF THE COLONY OF RHODE ISLAND,

1647. shall be within three dayes after the fault committed),
--'"^'''^-^ shall judge and determine of y'' reasons of the excuses,
who, upon the hearing thereof, shall determine whether
every such person shall pay five shillings ; two shillings
and sixpence, or nothing ; and according as they find any
defective, shall give their warrants to y" Clark to distraine
their Goods if they shall refuse to pay what is ordered.
And if the Clarke shall neglect to gather up what is or-
dered, he shall forfeit and pay so much into the hands of
the Captain, the next training day ; And that all the
fines and forfeitures shall be employed to the use and ser-
vice of the Band. And the Towne Councils shall have
power to cause those which are defective in armes, to be
supplied in an equal way according to Estate and
strength. And if any of y'' Traine Band after his ap-
pearance shall refuse or neglect the command of his Cap-
tain, to be exercised and disciplined, he shall forfeit as
much as if he had not appeared : And that the Town
Council shall order the power of the Military Officers
within the Towne, and in all cases that concerne y" whole,
the President and y° foure assistants, and y^ Captains of
every Band shall be the Councill of Warr ; that if any of
the Officers of y° Band be at any time left out, they shall
beare Armes again, for y'' Constitution of our place will
not beare the contrary : that every Inhabitant of the
Island above sixteen or under sixty yeares of age, shall
alwayes be provided of a Musket, one pound of powder,
twenty bullets, and two fadom of Match, with sword, rest,
bandaleers all completely furnished.
n Alarum 30. H [s ordcrcd, that in regard of y° many incur-
sions that we are subjected vnto, and that an Alarum for
y® giving of notice thereof is necessary when occasion is
offered. It is agreed, that this form be observed, Vidg't :
Three Muskets distinctly discharged, and a Herauld ap-
pointed to go speedilie threw the Towne, and crie,
Alarum ! Alarum ! ! and the Drum to beate incessantly ;
upon which, all to repair (upon forfeiture as the Town

AND PROVIDENCE PLANTATIONS. 155

Councill shall order) unto the Town House, ther to re- 1647.
receive information of the Town Councill what is fjirther ^-*'^^'-«*-'
to be done.

31. It is ordered and agreed, that if any person orAmunuion,
persons, shall sell, give, deliver, or any otherwayes con-i>ouobe°'
vey any powder, shott, lead, gunn, pistoll, sword, dag-'^*'*"®-
ger, halberd or pike to the Indians that are or may prove
offensive to this Colonic, or any member thereof, he or

they, for the first offence, shall forfeit y^ sum of five
pounds ; and for his second offence, offending in the
same kind, and being lawfully convicted, shall forfeit ten
pounds ; half to the State, and half to him that will sew
for it, and no wager of Law by any means to be allowed
to the offender. And, it is further ordered, that if any

person shall mend or repaire their Guns, or he shall

forfeit the same penaltie.

32. It is ordered, that the Towne Officers shall give
their engagements in their severall Townes to y® General
Of&cer in that Towne, before they execute their ofl&ce.

33. It is ordered, that if the Indians shall offer to putt
away upon exchange or barter, their false peag for good,
and warrant it so to be, and it be found otherwise, it shall
be confiscated to the Public Treasury.

34. It is ordered, that every Towne shall have a cop- Townes to
py of the Lawes and Orders, and that each Towne shall p^^^
pay for their coppy ; and also, that the Councell for the
Townes shall order the fees for their Officers, and the
Generall Officers shall order the fees of the General Offi-
cers : Provided, that nothing already concluded in the
Bulck of Lawes be any wayes crossed or envaded.

have coi.
iesof the
wes.

RECORDS OF THE COLONY OF RHODE ISLAND^

For the Province of Providence.

Forasmuch as we have received from our Noble Lords
and Honored Governours, and that by virtue of an ordi-
nance of the Parliament of England, a free and absolute
Charter of Civill incorporation, &c. Wee do joyntlie
agree to incorporate ourselves, and soe to remaine a Body
Politicke by the authoritie thereof, and therefore do de-
clare to own ourselves and one another to be Membei-s of
the same Body, and to have right to the Freedome and
priviledges thereof by subscribing our names to thess
words, following : Vidg't.

Wee, whose names are here vnder written, doe engage
ourselves to the vttmost of our Estates and Strength, to
mainteyne the authority and to enjoy the Libertie granted
to vs by our Charter, in the extent of itt according to the
Letter, and to mainteyne each other by the same authori-
tie, in his lawfull right and Libertie.

And now sith our Charter gives vs powre to governe
Democr»cia oursclvcs aud such other as come among vs, and by such a
forme of Civill Government as by the Voluntarie consent,
&c., shall be found most suitable to our Estate and con-
dition,

It is agreed, by this present Assembly thus incorporate,
and by this present act 'declared, that the forme of Gov-
ernment established in Providence Plantations is Demo-
CRATiCALL ; that is to say, a Government held by y'' free
and voluntarie consent of all, or the greater parte of the
free Inhabitants.

And now to the end that we may give, each to other,
(notwithstanding our different consciences, touching the
truth as it is in Jesus, whereof, upon the point we all
make mention), as good and hopeful assurance as we are
able, touching each man's peaceable and quiett enjoyment

AND PROVIDENCE PLANTATIONS. 157

of his lawfull right and Libertie, we doe agree vnto, and 1G47.
by the authoritie above said, Inact, establish, and con- ^-'•^'-'^'
firme these orders following.

Touching Lawes.

to I. ■

That no person, in this Colonic, shall be taken or im-^^-^^^^e
prisoned, or be disseized of his Lands or Liberties, or be^"""-^'"
Exiled, or any other otherwise molested or destroyed, but
by the Lawfull judgment of his Peeres, or by some known
Law, and according to the Letter of it, Ratified and con-
firmed by the major part of the Generall Assembly law-
fully met and orderly managed.

2. That no person shall (but at his great perill), pre- officers,
sume to beare or execute any office, that is not lawfully
called to it, and confirmed in it ; nor though he be lawful-
ly called and confirmed, presume to doe more or less than
those that had powre to call him, or did authorize him

to doe.

3. That no Assembly shall have powre to constitute'^'*'"'"'
any Lawes for the binding of others, or to ordaine Offi-
cers for the execution thereof, but such as are founded
upon the Charter and rightlie derived from the General
Assemblie, lawfully met and orderly managed.

4. That no person be employed in any service for the
Publick Administration of Justice and Judgment vpon of-
fenders, or between Man and Man, without good encour-
agement, and due satisfaction from the Publick, eyther
out of the common stock, or out of the stocks of those
that have occasioned his service ; that so, those that are
able to serve, may not be unwilling, and those that are
able and willing, may not be disabled by being overbur-
thened. And then, in case a man be called vnto Office
by a lawfull Assemble, and refuse to beare office, or be
called by an officer to assist in the execution of his office,
and refuse to assist him, he shall forfeit as much again as
his wages would have amounted unto, or be otherwise

158 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. fined by the jadgment of his Peers, and to pay his fine
'-•'"~^'"*^ or forfeiture, unless the Colony, or that lawful Assembly

Laws to be . r> • i i

made accord j-Q^gj^se Yi'mi, But m caso of eminent danger, no man

ing to the o

Enirandas shall rofuse.

ck>lllitntfon And now, forasmuch as our Charter gives us powre to
will bears, niako such Lawes, Constitutions, Penalties and Officers of
Justice for the execution thereof as we, or the greater
part of vs shall, by free consent, agree vnto, and yet
does premise that those Lawes, Constitutions, and Penal-
ties soe made shall be conformable to the Lawes of Eng-
land, soe far as the nature and constitution of our place
will admit, to the end that we may show ourselves not
only unwilling that our popularity should prove (as some
conjecture it will,) an Anarchic, and so a common Tyran-
ny, but willing and exceedingly desirous to preserve every
man safe in his person, name and estate ; and to show
ourselves, in soe doing, to be also vnder authoritie, by
keeping within the verge and limitts prescribed us in our
Charter, by which we have Authoritie in this respect to
act ; Wee do agree and by this present act determine, to
make such Lawes and Constitutions soe conformable, &c.,
or rather to make those Lawes ours, and better known
among us ; that is to say, such of them, and so farr, as
the nature and constitution of our place will admit.

Touching the Common Law.

It being the common right among common men, and is
Tf'r^'aws profitable eyther to direct or correct all, without exception ;
be made' " and it bclug true, which that Great Doctor of the Gen-
tiles once said, that the Law is made or brought to light,
not for a righteous man, who is a Law vnto himselfe, but
for the Lawless and disobedient in the Generall, but more
particularly for murderers of Fathers and Mothers ; for
Manslayers, for whoremongers, and those that defile
themselves with mankind ; for Menstealers, for Lyars and
perjured persons, vnto which, vpon the point, may be re-

AND PROVIDENCE PLANTATIONS. 159

duced the common Law of the ReaUne of England, the 1647.
end of which is, as is propounded, to preserve every man ^-^-v-*-'
safe in his own person, name and estate ; Wee doe agree
to make, or rather to bring such Lawes to light for the di-
rection or correction of such lawless persons, and for their
memories sake to reduce them to these five generall Lawes
or Heads ; viz.:

1. Under that head of murdering Fathers and Moth-
ers, being y" highest and most unnatural, are compre-
hended those Lawes that concerne High Treason, Pettie
Treason, Rebellion, Misbehaviour, and their accessaries.

2. Under the Law for Manslayers, are comprehended
those Lawes that concerne Self-murder, Murder, Homi-
cide, Misadventure, casual death, cutting out the Tongue
or Eyes, Witchcraft, Burglarie, Robberie, Burning of
Houses, Forcible entryes. Rescues and Escape, Riotts,
Routs and Unlawfull Assemblies, Batteries, Assaults and
Threats and their accessaries.

3. Under the Law for Whoremongers, and those that
defile themselves with mankind, being the chief of that
nature, are comprehended those Lawes that concerne
Sodomie, Buggerie, Rape, Adulterie, Fornication, and
their Accessaries.

4. Under the Law for Menstealers, being the chief of
that nature, are comprehended those Lawes that concern
Theft of men, Larcenie, Trespasses by Men or beasts,
Fraudulent dealing by deceitfall bargaine, Covenants,
Conveyances by Barratrie, Conspiracie, Champertie and
Maintenance, by forging or rasing Records, Writs, Deeds,
Leases, Bills, &c., and by using fallse weights and mea-
sures and their accessaries.

5. Under the Law for Lyars and perjured persons, be-
ing the chiefe of that nature, are comprehended such as
concerne perjurie itselfe, breach of covenant. Slander,
False witnesse-bearing, and their accessories.

And as necessary concomitants hereof, to prevent Mur-
der, Theft and Perjury, We do joyntlie agree in this pres-

160 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. ent Assemblie, to make or produce such Lawes as concerne
^-^"-^^"^^ provision for the poore, soe that the impotent shall be
mainteyned and the able employed. And to prevent
Poverties, it is agreed, that such Lawes be made and pro-
duced as concernes y'' ordering of Alehouses, and Taverns,
Drunkenness and unlawfull gaming therein ; and instead
of such to propagate Archerie, which is both man-like and
profitable ; and to prevent whoredom and those evils be-
fore mentioned, it is agreed by this present Assemble to
constitute and establish some ordinance touching Marri-
age, Probate of Wills, and Intestates.

Touching Murdering of Fathers and Mothers.

ihtiearon ^^^^ ^I'^t of High Trcasou ; It is agreed and deter-
mined by the wisdome of the State of England, vnder
whose command we are, in the first and chiefest place, to
forbid High Treason, and to declare that it is a grievous
offence done or attempted against that State Regall,
vidg't.: against the King (who is acknowledged the com-
mon Father of the Countrie, in his person, Queene and
Children, Authoritie, and Realme which is the common
Mother of us all) soe that to seek the destruction of this
common Father and Mother, is put first, as the most capi-
tall Transgression against men, and is called by the name
of High Treason. See 25 : Ed. 3, 2.

Misprison of Treason is declared to be when a man con-
cealeth and keepeth close. Treason, but consenteth not
therto : 5 Ed. 6,11. In these there are no accessories ; all
are principalis : 5 Hen. 7: 10. The penal tie for mispris-
on of Treason, a man is to forfeit to the King goods and
chattells for ever ; the profit of lands during life with
perpetuall imprisonment. 3 Hen, 7: 2.

For High Treason (if a man) he being accused by two
lawfuU witnesses or accusers, 1 Edw. 6: 11, shall be
drawn upon a Hurdell vnto the place of Execution, and
there shall be hanged by the neck, cutt down alive, his

AND PROVIDENCE PLANTATIONS. 161

entraills and privie members cutt from him and burned in 1647.
his view ; then shall his head be cutt off and his body ^-•^<'-*-'
quartered ; his lands and his goods all forfeited. 26 Hen.
Viii. 13, 5 ; 5 Edw. vi. 6, 11. If a woman, she shall be
drawn vpon a hurdle to the place of Execution, and there
burnt. But, forasmuch as according to the Lawes of our
native Land, it is provided, that all Treasons, Misprisons,
and concealments of Treason done or committed out of
the Realme shall be enquired of -and Tryed within the
Realme, Vidg't: in the King's Bench, or else be for spe-
ciall commissioners. 35 Hen. viii. 2 ; Edw. vi. 11. It is
agreed, and by this present Assemblie enacted. That if
any person or persons inhabiting in this Colonic, from
henceforth shall committ or attempt the committing of any
such grievous offence as is above said, he shall be brought
before the next Generall Assembly, where being thereof
lawfully convicted, he shall be sent by the Colonic vnto
our Noble Lords, further to be Tryed and to receive fjr
his offence as the Law shall require.

Petty Treason.

It is agreed, by this present Assembly, and that ac- p^^^.^ ^^^^
cording to the Law of our Land, to forbid Pettie Treason '°"-
to be committed in this Colonic ; and doe declare this to
be that, that we account Pettie Treason : When willful
murder is committed (in the estate Economicall or house-
hold order or government), vpon any subject, by any one
that is in subjection and oweth faith, dutie, and private
obedience to the partie murdered, as in these cases ; For
a Servant, Child, Wife malitiouslie to kill, or cause to be
killed, their Master, Mistress, Father, Mother or Hus-
band ; this is Pettie Treason ; and hereunto we add, that
in any case man malitiouslie kill any Judge of Record
among vs ; or in case any man among vs betray this Colo-
nic and Grovernment into the hands of others, these shall
be adjudged Pettie Treason : And further wee doe de-

.162

RECORDS OF THE COLONY OF RHODE ISLAND,

1647. clare, that the penaltie for Pettie Treason, that we are all
■^'^^'''■*^ subjected to is, the man to be drawn and hanged; the
woman to be burnt alive and the accessories hanged.
12 Hen. vii. 7 ; 23 Hen. viii., 1 ; the forfeit of goods and
for his lands a year and a day and the waste, and then
they are to go by escheat to the Lord of the Fee. 25
Edw. iii., 2 ; only we doe declare touching this matter,
that each Towne is, of good right, y*" Lord of the Fee, in
respect of all y^ Lands contayned within its bounds, from
whom every man hath received his Lands, which Lords
being all here present in this Generall Assemblie, and
conceiving the wives and children ought not to beare the
iniquities of the Husbands and Parents, at least as y" case
stands with us, doe therefore joyntlie agree, so farr as in
vs lies, to allow the priviledge of Rent threwout the
whole Colonic, and propagate that countrie proverbe in
Providence Plantations, " The Father to the Bough and
y*" Son to the Plow," he having first defrayed the charges
about the delinquent.

Ptcbellion.

It is agreed and enacted by this present Assemblie, that
no inferiour shall rise up or rebell against his saperiour,
especially such to whom he more directlie owes Mth,
dutie, and ready obedience ; it being altogether unsuita-
ble to civill order, which by the authoritie of our Charter
we purpose to propagate ; wherefore, we doe declare that
we counte it a kind of Rebellion for a servant to threat,
assault, or strike his master ; and the penaltie for a
threat or assault shall be, to be bound to his good beha-
viour ; for striking, especially if it be malitiouslie, to be
sent to the House of Correction, there to remaine for six
months, or to satisfie his master. It is allso Rebellion
for a child to threat, assault, or strike his Parents, and his
Penaltie shall be, to be sent to the House of Correction,
there to remaine a twelve-month, or to humble himself to

AND PROVIDENCE PLANTATIONS. 163

his parents' satisfaction. It is allso Rebellion to threat, 1647.
assault or strike a Judge of Record ; and the penaltie to ^-— v-*^
be bound to his good behaviour, and further fined by his
Peers. It is also a kind of Rebellion to withstand an ar-
rest, and the execution of Judgment ; the penaltie to be
bound to his good behaviour, and to be judged l)y his
Peers.

Misbehaviour.

It is agreed by this present Assemblie, and by this act
declared, that for any man to use words of contempt
against a chief ofiicer, especially in the execution of his
of&ce, is against good manners, and misbehaviour ; and
his penaltie shall be, to be bound to appeare at the next
Court, where such matters are to be Tryed : where, being
lawfully convict by his Peers, he shall be bound to his
good behaviour, so to remaine for three months space, or
till the next Court following.

Touching of Murther, and first of Self-Murder.

Self-murther is by all agreed, to be the most unnatur-
all, and" it is by this present Assemblie declared to be that,
wherein he that doth it, kills himselfe out of a premeditated
hatred against his own life, or other humour. His death
being presented and thus found upon record by the Coro-
ner, his goods and Chattells are the King's Custome, butt
not his debts nor Lands ; butt in case he be an infant, a
lunaticke, madd, or distracted man, he forfeits nothing.
See Dalton, 96.

Murther.

It is agreed vnanimouslie, to forbid Murther threwout
y^ whole Colonic, and do hereby declare that Murder is,
when a Man, upon malice pretended, precedent and with

164 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. his will, doth kill another felonioiislie ; that is, with a
'-''^^'^'*-' premeditated and malitious mind. And for a man to kill
an Officer, or any of his aide, in the execution of his Of-
fice, shall be also adjudged Murther : and so for a Thiefe
to kill a true man, shall be judged Murder ; all that are
present ayding and abetting are principalis, though they
give never a stroke. 4 Hen. vii. 18 ; 13 Hen. vii. 10.

Penaltie that we are subjected to, is Felonie of death,
without Remedie ; under which is contayned loss of life
for life, loss of Goods, Chattells, and Lands to the King
for a yeare and a day, and ever after to the Lord of the
Fee ; the last of which losses is in this Colonic remitted,
the Charges which the delinquent have put the Colonic to
being first duly satisfied ; butt the law for the Penaltie
thereof, shall not extend to an Infant or distracted person.
23 Hen. viii., 1 ; 26 Hen. viii., 12.

Manslaughter.

Penaltie. Manslaughter is forbidden by this pressent Assemblie,
and we do further declare, that it is the killing a man
feloniouslie, to witt : with a Man's will, though without
any malice forethought. The Penaltie is felonie of death,
for which, by divers Lawes of England, no charter of par-
don shall be granted ; yet this Law extends not to a nat-
ural foole that hath not knowledge of good or evill ; nor
a felonious intent ; for it is called Felonie, because it is
done with a [felonious] intent ; neither doth it concerne a
madd man, who is a man, as it were, without a mind ; for
the saying is : an act makes not a man herein guiltie, un-
less the mind be guiltie ; for Homicide, or the slaughter
of a Man is commanded, as when a man is putt to death
by an officer appointed thereto ; he being first attainted
by dew course of Law, and sentenced by a lawfull Judge ;
and this is rather called Judgment, which is the true
execution of Justice ; but if any Officer or other, proceed
without warrant, or not observing the due order of Law,

AND PROVIDENCE PLANTATIONS. ID

this is Felonie. Homicide is also tolerated by the Lawes 1G47.
of England, for the necessary execution of Justice, which, ^-*^v-«*
otherwise, must be left undone, as in the arrest of a
Felon, and in an escape in case he will not yield him-
selfe ; butt in an arrest for Trespass or debt, it must be
indubitably necessary, or it shall not excuse. Homicide
is also tolerated in necessary defence of a Man's selfe,
goods, &c.; as when a man attempts feloniously to mur-
der, or robb a man in his dwelling house, or neare any
highway, horseway, or footway, or shall attempt Burgla-
rie in the night, this is, according to the Lawes of the
Land, justifiable in Masters, Servants, or any that do ac-
companie him, for w^hich he forfeits nothing. But it is
otherwise in killing a true man in the defence of his house,
goods or Lands, for that is manslaughter. See Dalton.
And in defence of a Man's person against a true man,
there must be so great a necessity, that it must be es-
teemed inevitable, or it shall not excuse, but shall be
judged Felonie, although the other pursue, and, there-
fore, a man being pursued by a true man must flee as farr
as he can, till he be letted by wall, ditch, hedge, or oth-
erwise, and yett his goods and chattels are the King's
Customes. 2 Edw. iii. 2 ; 4 Edw- iii. 13 ; Doctor and
Student, fol. 133 ; 28 Hen. viii. 5 ; Dalton 6: 98.

Misadventure.

It is agreed, and by the authoritie of this present As-Misadvcn-
semblie enacted, that in case any man come to a suddaine ""^^
or untimelie death, it shall be by Officers appointed there-
to, diligentlie enquired after and searched into, that so if
there be iniquitie in the hands of any touching the matter,
it may be found out and justice rewarded. And we do
further declare, that this is Misadventure, when a man do-
ing a lawfull thing, without any evill intent, happen to
kill a man casualie, as that instance in the Hatchett men-
tioned by that Honorable Judge of Israel setts forth in

166 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. the 19th of his 5th booke ; the first penaltie, his goods
^-^"^'^^^ hath been the King's Ciistome, because a man is slaine by
Pardon ^^^^ mcanes, but putting hiniselfe vpon Tiyall he shall have
a pardon of course from the Chief Judge of the Colonic,
under the Seale of the Colonic, for Life and Lands. The
like shall be done in Homicide by Infants, and in a man's
own defence. 2 Edw. iii. 2 ; 21 Edw. iii. 5.

Casual Death.

Forasmuch as a man may be slaine by other casualties
than by the hand of another man, as by the fall of a house,
pit, or tree, or be killed by a Bull, or other Beast, we do
agree, and by this act declare, that if in any of these
cases, his death be procured by the default of another, it
shall be judged Felonie in him. And further, we do de-
clare, that in case his death by these meanes be otherwise
found by the Inquest, vpon the Coroner's inquirie, the
thing that occasioned his death, shall be prized, and shall
be levied by the Sheriff or Sarjent, and taken as the Deo-
dands are in England, and given to the Overseers for the
use of the poore. 4 Edw. 1.

Cutting out the Tongue, or putting out the Eyes, wee
declare does deserve the paine of Felonie. See 5 Henry
iv. 5.

Witchcraft.

"Witchcraft is forbidden by this present Assembly to be

Witchcraft. i • .i • ri i •

used m this Oolonie ; and the Penaltie imposed by the au-
thoritie that we are subjected to, is Felonie of Death. 1
Jac. 12.

Burfflarie.

irglaiie.

Burglarie. It is agreed by this present Assembly, to
forbid it threwout the whole Colonic, and we do declare

AND PROVIDENCE PLANTATIONS. 167

hereby, that this shall be judged Burglarie, Scilicit : 1G47.
When one or more in the night time do breake and enter ^-=^-^*^
into a Dwelling house with an intent to robb, or do any
other Felonie, where a man, his Wife, Children, or Ser-
vants are, be it while they are sleeping or waking, in the
same roome or in another, the partie taking or doing some-
thing or nothing. This is Felonie of Death, yet it ex-
tends not to Infants vnder fourteen years old, nor to poore
persons that steale for Hunger ; nor to fooles, nor to madd Larcenie.
men, although in the two first we do declare 'tis Larcenie.
5 Edw. vi. 9.

Robberie.

It is agreed by this present Assemblie, to forbid Rob-^°^''"'-
berie, and we do declare it is a Felonious taking any thing
from the person of a man against his Will by assault in or
neare a highway or footwaye, afid in putting him in fear
thereby. See 32 Hen. viii. 3 ; 1 Edw. vi. 12. It is
Felonie of death without release. See 5 Edw. vi. 9.
As for that Statute of 27 Eliz. 13, touching the hundreds
bearing the loss, if the Robbers be not taken within forty
days, in case any should plead relief thereby, we do agree
and by this ordinance declare, that this does not suit the
Constitution of our place, and therefore satisfaction shall
not be expected from any, either Towne or Colonic, vn-
less vpon notice given by the partie robbed, immediately
vnto some officers of the Towne, there shall appeare a
neglect in Towne or Colonic to pursue the robber by the
Hue and Cry, that so he may be taken.

Burning of Houses, &c.

Burning of Houses is forbidden by this present Assem- Fe:onie.
blie, threwout the whole Colonic, and by this present act
we do declare, that the Penaltie for burning dwelling
houses, or barnes having corne in them, willfully and

168 RECORDS OF THE COLONY OF RHODE ISLAND.

1647. malitiously, is determined to be felonie of death without
'-*"~^''"*^^ remedy, by the authoritie to which we are subject ; nei-

Frlonie. J ■> J ^ i i

ther is the poore so offending mainpernable.

Forcible Entry and Detainer.

It is agreed by this present Assemblie, to forbid forcible
entry and forcible Deteyner threwout the whole Colonie ;
and further we do expressly declare, that by forcible en-
try here intended, is when a Man enters into any Lands
and Tenements with force of strong hand or multitude,
and not in a peaceable and lawful! manner ; or enters in-
to them peaceably and holds them forcibly, whether he
hath right or title thereto or not. And further, we do de-
clare, that the person thus offending, being (by an inquest
of able men, worth to the full summ of fortie pounds
a-peece) lawfully convict, he shall be imprisoned, and
from thence ransomed by a fine to y^ King. And the
partie grieved whose possession it is, may bring in his ac-
tion of Trespass against him vpon the verdict given in,
and shall recover his treble damages, 8 Hen. vi. 9, and
treble costs. See Dalton ; and by a writ of restitution
shall be restored unto his former Estate. Nevertheless,
we do declare also, that this forcible entry intendeth not,
neyther doth it extend to that force vsed in the adminis-
tration of Justice ; for an Officer or conservator of the
Peace may take the power of the Towne or Country to re-
move forcible entry, repress riots, arrest them or send
them to prison. They may hy force break open a man's
house that is shutt against them, to arrest offenders being
therein, for these cases following, namely : Treason, Felo-
nie, Suspicion of Felonie in case of an affray in a house,
or of forcible entry or deteyner ; and in all cases wherein
the King and State are a partie or have interest in the
business, but not in the execution of a process vpon the
body or goods of any man at the suitt of any subject ; for
a man's house is to himselfe, his family and goods, as a

AND PROVIDENCE PLANTATIONS. 169

castle. See 13 Edw. iv. 9. Nevertheless, when any 1647.
house is recovered by any action real, then the Sheriff or'-*'"^'^*^
Sarjent may break open the house and deliver possession
to the plaintiff ; for after judgment it is no more (in the
sight and judgment of Law) the house of the defendant or
tenant. Neyther doth this forcible Deteyner intend such
as by force hold their possessions which at first they en-
tered peaceably upon by a right and lawful! estate and title,
and have eyther they or their ancestors peaceably possesst
it for the space of three years together. 8 lien. vi. 9.
Otherwayes, he may be sued upon that and this statute,
though he has held it twentie years by force. See Dal-
ton 1, 5 ; Rich. ii. 2, 7 ; 15 Rich. ii. 2.

Rescous and Escapes.

It is forbidden by this present Assemblie, and backt as
the other Lawes, with the authoritie of our native Countrie.
See 1 Hen. vii. 6 ; I Edw. iii. 17. Moreover, we do
declare, that a Rescous is a Rescuing or taking away from
an officer an offender, who is attainted, imprisoned, or but
arrested for treason, felonie. Debt, or Tresspass ; and we
judge it but reasonable that the penaltie of such an one breach of
should be, to stand in his Roome and answer the Law. 3
Edw. 1, 13. Escape by breaking of prison, if there for
Felonie. 1 Edw. ii ; if for Tresspass, finable. See Dal-
ton, fol. 105. And a Gailour, constable, or other officer g© at ia,rge.
that hath arrested a man, and lets him goe at libertie, or
out of his sight, so that he escapes, the blame shall wholly
lie upon the officer, as a willful escape, and he shall an-
swer for him, vnless he can take him againe. 9 Hen.
iv. 12.

Riotts, Routs and UnlawfuU Assemblies.

It is agreed and ordered, by this present Assemblie,
that no persons inhabiting in this Colonic, or cast within

170 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. the verge or limitts thereof, by a Providence, committ any
^^"^""^^ Riott, Rout, or make vp any vnhiwfull Assemblie, being
most destructive to civill peace and order, and is with such
vigilance v^ithstood and prevented in our native land, as
these three Statutes especially will witness. 13 Hen. iv.
What an un 7 - 2 Hcu. V. 8; 19 Heu. vii. 13. And to the end it
semb'y is. ^^^^ appcarc vnto all what is intended here by Riotts,
Routs, and vnlawfull Assemblies, we do by this present
act declare, that when three persons or more shall come
and assemble themselves together, to the intent to do any
unlawful act with force or violence against the person of
another, his possessions or goods, as to kill, beat, or hurt
a man, to pull down a house, wall, or pale, ditch or
hedge, wrongfully ; to enter upon another man's posses-
sions, or to cut or take away corne, grass, wood, or other
things wrongfully ; to meet, we say, for such an end,
though they depart without doing anything, this shall be
What is a J^^^g^*^^ an vnlawfull Assembly. And if, after this, they
'""*• do set forward toward the execution of such an act.
What a lict though they yett do nothing, this shall be judged a Rout.
And in case they do no such thing in deed, to the mani-
fest terror of the people, this is a Riott.

Touching the Penal tie, we do declare this to be of the
same nature of a forcible entrie, and therefore the Penal-
tie and way of prosecution need not vary therefrom. This
only is of a higher degree, and does more hazard the. peace
of the place, and therefore do agree and determine, that
each person for greater Riotts, being lawfully convicted,
shall suffer one month's imprisonment and Tenn pounds
ransome ; for Petti 3 Riotts, one fortnight's imprisonment
and five pounds ransome. Such long times of imprison-
ments mentioned in the Statute, 2 Hen. v. 8, suits not
the constitution of our place. For a Rout, they shall be
bound to their good behaviour.

AND PROVIDENCE PLANTATIONS.

Batterries, Assaults and Threats.

It is agreed by this present Assemblie, to forbid and
withstand the beginning of Evill, and of the breach of y*
peace, such as Batterries, Assaults and Threats ; for
threats to kill, beate or hurte another or his, beginneth
the breach of peace. Assaults by offering to strike him,,
although he hit him not, increaseth it ; and affraye, by
beating of him, accomplisheth it. And we do by this
present act declare, that they that transgress herein, vpon
lawfull complaint and request of the partie grieved, shall
be bound by Recognizance unto the peace with two suffi-
cient sureties, and be imprisoned till he find sureties : and
being bound, shall soe stand till the next court, where
such matters are to be Tryed ; but in case he were bound
to the peace before for these, he shall forfeit his Recogni-
zance And yet we would be understood, that this is in-
tended in respect of such to whom there is not allowed a
naturaU or civill powre over others ; for a Father, Mas-
ter, Schoolmaster, Keeper, may, with moderation correct
those that are vnder them ; and the Constable, Sergeant,.
Bayliff and their ayders, may strike, and yet there is no
breach of peace nor of the cognizance.

Moreover, we do hereby declare, that he that injureth
another by strokes, the partie grieved may have his action
of Batterie against him, and recover damages for loss of
time, cost in healing, paine and debilitie of Body, by rea-
son thereof ; and shall besides forfeit for the batterie to
the State, for the hazarding thereof, as his peers shalL
judge him. 35 Hen. viii. 12 ; 9 Edw. iv. 28 ; 19 Hen.,
vi. 31 ; 10 Edw. iv. 6.

RECORDS OF THE COLONY OF RHODE ISLAND.

Accessories.

And forasmuch as it is commonly seen that among the
Trangressions of these Lawes before sett clowne, ther have
been accessories as well as principalis ; and that, as well
before as after the fact, that have countenanced and en-
couraged offenders before by advice, councell, perswasion,
command, procurement, or consent to committ Murder, Rob-
berie. Rape, Burglarie, &c.; after, by a Felonious, and vol-
untarie receiving, relieving comforting, ayding and assisting
such persons known to be transgressors in that kind ; it is
therefore agreed, and ordered by this present Assembly, that
accessaries before the fact, if present when the fact is com-
mitted, are all principalis, though they did nothing. See
11 Hen. iv. ; if absent, yett are they all Felons, the Felo-
nie being committed. And in matters that are not Felo-
nie. such accessaries are rather more culpable than the
principalis ; for the Rule is in our English Lawes, that
the author offends more than the other. We do also
agree, that accessaries after the offence, eyther before At-
tainder (by verdict, confession or otherwise), or after,
shall be severely fined ; which yet extends not to any,
towards another while he is in prison, or under baile, nor
to a Wife towards her husband. See Stamford, 26.

Touching Whoremongers.

First of Sodomie, which is forbidden by this present As-
semblie threwout the whole Colonic, and by Sundry Stat-
utes of England. 25 Hen. viii. 6 ; 5 Eliz. xvii. It is a
vile affection, whereby men given up thereto, leave the
natural use of woman, and burne in their lusts, one toward
another ; and so men with men worke that which is vn-
seemly, as that Doctor of the Gentiles in his letter to the
Romans once spake, i. 27 ; The Penaltie concluded by

AND PROVIDENCE PLANTATIONS. 17^

tliat State under whose authoritie we are, is Felonie of 1647.
death, without remeclye. See 5 Eliz. 17. ^-*i-v-*^

•^ Felonie.

Buggerie.

Buggerie is forbiden by this present Assembly threwout
the whole Colonie, and also strengthened by the same
Statutes of England. It is a most filthy lying with a
beast as with a woDian, and is abomination and confusion ;
the just reward whereof prepared to our hands, is Felonie
of death, without remedie. See 5 Eliz. 17.

Rape.

Rape is forbidden by this present Assembly threwout
the whole Colonie ; and we do hereby declare, that it is
when a man through his vile and unbridled affection, lyeth
with, and forceth a woman against her will ; like hereun-
to is the knowing of a maid carnally who is vnder y° age
of Tenn yeares, though it be with her consent. The pen-
altie we do declare to be Felonie of death. See, for con-
firmation, 13 Edw. i. 34 ; and if the Woman consent af-
ter, she loseth her dowre of Lands. See 6 Rich. ii. 6.
And so doth a married wife that elopeth with her adven-
turer. 13 Edw. i. 34.

Adulterie and Fornication.

Is forbidden by this present Assembliy threwout the
Colonie, with this memento, that the Most High will
judge them. 13 Hen. iv. Adultery is declared to be a
vile affection, whereby men do turn aside from y*" naturall
use of their own wives, and do burn in their lusts towards
strange flesh ; and we do agree, that what penaltie the
Wisdome of the State of England have or shall appoint
touching these transgressions, the accessaries and effects
shall stand in force threwout the whole Colonie.

Psttie Lar-
cente.

RECORDS OF THE COLONY OF RHODE ISLANDy

Touching Menstealers.

It is agreed, and by this present Assembly enacted, that
the taking away, deflooring or contracting in marriage a
maid under sixteen yeares of age, against the will of, or
vnknown to the Father or Mother of the Maid, is a kind
of stealing of h«r ; and that the penaltie shall be eyther
five years' imprisonment or satisfaction of her parents. 4
Will, and Mary, 8.

Larcenie.

Larcenie is forbidden by this present Assemblie threwout
the whole Colonie, as most destructive to the Estates of
True Men. It is a fraudulent and felonious taking away
another man's personall goods, in the absence of the
owner, or without his knowledge, or in sight, yett without
making any assault vpon his person or putting him into a
fease. And it is agreed and ordered by this present As-
semblie, that he that committs Pettie Larcenie (which is
wherein the thing stolen exceeds not the value of twelve
pence), shall,, for the first time, being lawfully convict,
be well whipt ; for the second time, he shall have two
months' imprisonment in the house of correction, and
twice whipt. And he that committeth Grand Larcenie
(which is where the thing stolen exceeds the value of
twelve pence), for the first time, being lawfully convict,
shall be severely whipt, and shall serve in the house of
correction vntill the partie or owner bee satisfied twofold
for what he hath stolen ; and for the second time he shall
be branded in the hand, and serve in the house of correc-
tion untill the partie be satisfied twofold for what he hath
stolen, and the Colonie four fold so much ; and moreover,,
we do declare, that a thief's goods and chattells have
been still accounted the King's Custome.

Purse.

AND PROVIDENCE PLANTATIONS. 175

It is also agreed, and ordered by this present Assem- 1647.
blie, that he that taketh away a purse, or any other thing'
from the person of a man secretly or fraudulentlie, shall
he judged as he that committeth the Larcenie.

It is also agreed, that if any Officer take away ought
from any man fradulentlie, vnder the pretence of his of- ^^^^^
fice, his penaltie shall be that of Grand Larcenie, the sec-
ond time committed ; and for the abuse of his ofi&ce he
shall be disabled from bearing office any more vntill the
Colonic release him.

It is agreed and ordered, by this present Assemblie,
that if any shall distreyne or levie any dutie by sufficient J^^<'^»^;*^^^\^
authoritie, and after shall convert it to his own vse, his u^'st^'ye^^n-
punishment shall be the same with the former.

altie.

Trespasses by Man or Beast.

It is agreed, by the present Assembly, out of a desire
to seek every man's peace and wellfare, to prohibitte
wrongs and trespasses to be done by one to another threw-
out the whole Colonic ; and we do declare, that whoso-
ever does the wrong, the partie grieved shall receive for
his wrong without any respect of persons. 43 Eliz.
vii. 4.

Now, forasmuch as Trespasses are eyther with or
against a man's will committed, with his will, and
in the first place malitiously, it is agreed, and by this
present Assemblie enacted, that he that shall malitious ce'i^«.
ly and unlawfully burne or spoile a frame prepared
for building shall suffer the penaltie of Grand Lar-
cenie.

It is also agreed, that he that shall malitiously and vn-
lawfully burne or spoile a cart-heap of wood prepared for
coals, or otherwise ; cutt out the tongue of a beaste being
alive, cutt off the eares of a man, bark fruit trees, or pro-
cure the same to be done, being lawfully convict, as in
Larcenie, he shall pay to the partie agrieved his costs and

176

RECORDS OF THE COLONY OF RHODE ISLAND,

1647. treble dammages, and forfeit to the King tenn pounds.
-^'■^"''""*^ 34 Hen. viii. 6.

It is also agreed, that every Lewd person that shall cut
or take away any corne growing, or robb any orchards or
gardens, or break or cutt any Hedge, Paile, Raile or Fence;
or dig, pull up, or take away any fruit trees, or shall cutt
or spoile any woods, poles or trees standing ; being things
which the lawyers call Reall, and so not Felonie, being
thereof lawfully convict, as in Larcenie, shall pay to the
partie grieved his costs and double damages. See 4S
Eliz. 7. Or in case he be not able, he shall serve in the
house of correction vntill he hath satisfied. The same
penaltie doth he deserve that putts his beasts or other into
another man's field.

For other Trespasses, eyther ignorantly done by the
person himselfe or by his cattle, and also differences that
fall in between man and man, it is agreed and ordered, by
this present Assembly, that they shall be judged by their
Peers ; and he that hath the wrong, shall satisfie for it,
according to the verdict given in vpon evidence.

Fraudulent Dealing.

Fraudulent dealing is forbidden throwout the whole

Colonie, and it is ordered by this present Assemblie, that

he that is overreached by a deceitfull Bargaine may have

his action upon the case and recover his damages.

Bargams to Morcovcr, it is agreed and ordered by this present As-

t'°8. sembly, for y'' preventing of needless suitts at Law, and

excessive Travaile and expenses therein that all those that

make bargaines, covenants, agreements, and compacts, one

with another, especially if they be of any great amount ;

that they draw them up, or procure them to be drawn up

in writing, and expressed in as few words, and as plaine

formes, and as easie to be understood as may be ; with the

Servant, covonantors' names interchangeably putt to each writing,

Ap rentice ^"^ ^^^ hands of two wituesscs to be subjoyned.

AND PROVIDENCE PLANTATIONS. 177

Moreover, we do declare, whosoever from henceforth 1644.
takes au apprentice for certaine yeares, or a servant for ^--»^'^*^
one yeare, or half a yeare, and do not express the termes
vpon which they stand thus mutually related each to other
in writing, as is beforesaid ; or does not come, in both of
them to a Towne Meeting, and enter the termes into the
Kecorder's or Towne Clarke's Booke ; that then such cove-
nants, bargaines, or agreements shall be void and of no
force or value.

It is further agreed, and by the authoritie of this pre-
sent Assemblie established, that all Fraudulent, Deceitfull
and Fained Deeds, Bonds and Gifts made by Debtors to
avoid their Creditors throwout the whole Colonic, shall be
void. See 2 Rich. ii. 3. And the parties to such fraudu-
lent Deeds, not made in good faith and vpon good conside-
ration, shall forfeit one yeare's rent of the Lands and
Tenements ; the whole value of the Goods and Chattells;,
and so much money as shall be conteyned in the Bond,
the one moytie wherof is the King's Custome, the other
goes to the party grieved. See 23 Eliz. 5.

And for the preventing of many evils that may follow
vpon bargaines, sales and conveyances of Lands, Tene- Tho order
ments, and Hereditaments which we judge may with and saw*^^
more ease to all be prevented, there being committed
fairely and fully removed ; Be it enacted by the authori-
tie of this present Assembly, that from henceforth no
Lands, Tenements, or other Hereditaments, shall pass,
alter or change from one to another, whereby any state of
inheritance or Freehold shall be made or take effect in
any person or persons, or any vse thereof to be made by
reason only of any bargaine and sale thereof, except the
same bargaine and sale be made by writing, indented,
sealed and enrolled in a Meeting of the Towne, where
such Lands, or Tenements soe bargained and sold doth
lye, before the Townes Men or Councill of y*" Towne, and
the same enrollment to be made and had within six weekes
next after the date of the same writings indented ; and

178 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. for the enrollment of every such writing indented, where
■^^-^^-"^^ the lands comprised in the same writing exceeds not the
value of Five pounds, shall by him that makes the pur-
chase, pay two shillings, and sixpence ; one shilling
whereof shall go to the Towne Treasury, another to the
Towne Clarke, and the sixpence to the General Recorder
for keeping a Coppie thereof; but in case it exceeds the
value of five pounds, then shall it be paid by the purchaser
five shillings ; two shillings whereof shall be to the Trea-
sury ; two shillings to the Towne Gierke, twelve pence to
the General Recorder : And the Towne Clark being for
that time, shall sufficiently enroll and engross the same
deed and writing indented as aforesaid, and a Coppie of
the Rolls thereof, he shall at the end of the yeare deliver
unto the General Recorder for the Colony, there to re-
maine in his custody among other Records of the same
Towne, (which in process of time by reason of its villages
will be as a Countrie) to the end that every person that
hath to doe therewith, may thither resort and see the effect
and tenour of every such writing so enrolled. 27 Hen.
viii. 16.

Conspirators.

Forasmuch as there are other Fraudulent dealings, by
which men of Evill and corrupt minds, and impudent,
bold faces, do attempt, and that before the judgment seat,
and vnder a pretence of pleading for justice, to robb true
men of their right, and such are they that in our native
Countrie are called Conspirators, Champerters, Embracers
and Common Barretters.

Be it enacted by this present Assembly, to forbid such
fraudulent dealings and evill courses throwout the whole
Colonic ; and we do declare, according to the Lawes of our
native Land, that conspirators are such as do confederate
and bind themselves by oath, covenant, or other alliance,
that every of them shall aide and beare the other falsely

AND PROVIDENCE PLANTATIONS.

179

and maliciously to endite, or falsely to move and main- 1647.
teyne pleas ; and such as cause Children within age to ^-^^-^*-
appeale men of Felonie or otherwise, whereby they are
impoverished and sore grieved ; and such as reteyne men
to mainteyn their malicious enterprizes, Avhich extend-
eth, as well to the takers, as to the givers ; and lastly,
such as do vndertake to beare, and think by their power to
mainteyne quarrells, pleas, and debates that concerne
other parties and not themselves.

Champertors.

Champertors be such as move pleas and suits, or
cause them to be moved, eyther by their own procure-
ment, or by others, and sue them at their proper costs,
and for maintenance have that of Land in variance, or the
gains.

It is provided, therefore, by a common accord, that all
such as from henceforth shall be attainted of such empris-
es, suits or bargaines, and such as consent thereunto, shall
suffer one yeare's imprisonment, and make fine to the
King ; the like penaltie shall Conspirators susteyne, and
the partie grieved shall be, notwithstanding, righted by an
action upon the case brought in against him.

It is provided, by common consent, that in case any of
the inquest take a reward by eyther partie to give his ver- ^^^^^^^
diet, he shall forfeit ten times as much as he tooke ; the^^S""
one halfe whereof is the King's Custome, the other shall
goe to him that does sue for it. And all the embracers to
bring or procure such inquests to take gaine or profitt,
shall be punished in the same manner and forme as the
inquest wa,s. And if the delinquent of the inquest or
Embracer have not wherewith to satisfie the forfeiture,
then they shall be imprisoned one yeare in the House of
Correction. See 38 Edw. iii. 12.

Bures.

KECORDS OF THE COLONY OF RHODE ISLAND,

Forging or Rasing Records, Writts, &c.

Forging, and also Rasing, Embezelling or taking away
any Record or parcell of the same, writts, returne, process
of Attorney, in the Records of Record, by reason whereof
any Judgment shall be reversed ; also forging of Deeds,
obligations, acquittances, and records, are by common con-
sent, forbidden throwout the whole Colonic ; and the par-
tie that shall so doe, together with their Councellors,
Procurers and Abettors, shall be imprisoned and griev-
ously fined, and satisfie the partie ; and so shall they also
be punished that are guiltie of false entering of pleas,
rasing of rolls, and change of Verdic ts by which ensueth
disherision of any of the parties.
Weights Fraudulent dealing by false Measures and Weights, is

by common consent and accord, forbidden by this Assem-
blie throwout this whole Colonic ; and for the preventing
of it, it is agreed, that the measure shall be one, and the
weight one throwout the whole Colonie ; and that every
Towne shall have a common Ballance and Weights, and a
common Measure, that every person may measure and
weigh thereat. See 9 Hen. iii. 26 ; and that every
Towne be carefull in the observance thereof. Further-
more, it is agreed, that whosoever shall use false Vf eights
or Measures, which are not according to the standard,
shall forfeit to the Towne for the first time six shillings
and eight pence ; for the second, thirteen shillings and
foure pence ; and for the third, twentie shillings ; and for
example to others, shall be sett vpon the Pillory in some
open place. See 1 Hen, vii. 4 ; 12 Hen. vii. 5.

Debts, &c.

It is agreed, and ordered, by this present Assembly,
that Debts may be recovered by action of debt ; and then

AND PROVIDENCE PLANTATIONS.

181

if the debtor hath wherewith to discharge it, then shall 1647.
his Goods, Lands, or Debts be seized vpon for the pay- ^-^^^^^
ment thereof ; if he have not, then shall the two chief or
head officers of the Towne, being assisted with foure able
Townsmen, or of the Common Councill of the Towne ap-
pointed thereto, sett such a course between Creditor and
Debtor for the paying and receiving thereof, as the
Court of Requests or Conscience in the City of London
granted by Parliament, 3 Jac. xv. ; but he shall not be
sent to prison, there to lye languishing to no man's ad-
vantage, vnless he refuse to appeare or stand to their
order.

Accessaries.

Accessaries before theft, or wilfull and malicious Tres-
passes and Fraudulent dealings, we judge rather worse
than the principalis, and the old true Proverbe is, the re-
ceiver is as bad as the Thief.

Touching Liars and Perjured Persons.

Forasmuch as the consciences of sundry men, truly con
scienable, may scruple the giving or taking of an oath,
and it would be noways suitable to the nature and consti-
tution of our place (who professeth ourselves to be men of
different consciences, and not one willing to force another)
to Debar such as cannot do so, eyther from bearing office
amongst vs, or from giving in testimony in a case de-
pending.

Be it enacted by the authority of this present Assembly,
that a solemn profession or Testimony in a Court of Record,
or before a Judge of Record, shall be accounted, throwout
the whole Colonic of as full force as an oath ; and because
many, in giving engagement or testimony, are usually more
over awed with the Penaltie which is known, than with the

182

RECORDS OF THE COLONY OF RHODE ISLAND,

1647. most High, who is little known in the Kingdoms of

-^'"^''**^ men.

It is, therefore, further agreed and ordered, that he
that falsifieth such a solemn profession or testimony, shall
be accounted among vs as a perjured person, and his pen-
altie shall be that, looke what detriment is or might be
brought vpon others by falsifying his engagement or testi-
mony, the same shall fall upon himself. He shall also
forfeit five pounds, and be disenabled eyther to beare of-
fice, or to give in Testimony in any Court of Record, vn-
till the Colonie release him ; and this forfeiture and det-
riment, (the partie being lawfully convicted,) shall be, one
halfe to the King's Custome, and the other shall go to the
partie grieved that sues for it, by action of debt or bill :
but in case the partie be not worth so much, then shall
he be imprisoned in the House of Correction tiU it be
wrought out, or else sett in the Pillory in some open
place, and have his Eares nayled thereto ; and then may
the partie grieved receive his dammages ; and the pro-
curer shall have the like penaltie. See 5 Eliz. 9.

Breach of Covenant.

Breach of Covenant is by this present Assembly, for-
bidden throwout the whole Colonie.

It is also enacted, and agreed, that they that perform
not their Covenants made eyther by word or writing, (ex-
cepting those before excepted,) shall be liable to satisfie
what the other can prove he is damnified by reason of the
non-performance thereof, which he may recover upon an
action of the case.

And be it further enacted, that no person retayning a

servant, shall putt their servant away, nor no person re-

tayned shall depart from their master, mistress or dame,

?vant, untill the end of the term covenanted for, vnless it be for

some reasonable and sufficient cause, witnessed before and

AND PROVIDENCE PLANTATIONS. 183

allowed by the Head Officer or Officers of the Towne, and 1647.
three or foure able and discreet men of the Common Coun- ^-''-^'-*-'
cill or Towne appointed thereto, vnder their hands in writ-
ing, for the discharge eyther of Master or Servant.

And be it enacted further, that that Master, Mistress or
Dame, that putts away their servant without sufficient
cause, and so allowed with such a discharge, shall forfeit
the sum of forty shillings ; and if any servant departe
from his or her Master, Mistress or Dame's service before
the end of tne Terme covenanted for, vnless it be for some
sufficient cause allowed of as before, or not serve accord-
ing to the Tenure of the promise or covenant, vpon com-
plaint vnto the Head Officers of the Towne and their
associates, the matter being fully proved, he shall be com-
mitted to Ward without Baile or Mainprize, vntill by
sufficient sureties he be bound to his Master, Mistress or
Dame, to perform the engaf]rement. Detainiusr

' ^ ° ° Sorrants.

Be it also enacted, by the authoritie abovesaid, that he
that shall retaine a Servant not lawfully dismissed and
sett at liberty from his Master, shall forfeit for every such
offence five pounds, which the Master may recover by an
action of Debt. See 5 Eliz. 4.

Artificer or Laborer.

Be it also enacted by the authority abovesaid, that
every Artificer or Laborer that is lawfully retayned, in
and for the building or repairing of any House, Shop,
Mill, or any other piece of worke taken in great, in
bulke, or in gross ; or shall hereafter take vpon him to
make or finish any such worke, shall continue and not de-
parte from the same, (vnless it be for the not paying his
wages as here agreed on, or otherwise be lawfully taken
off and appointed to serve the Colonie, or by leave and
license from the Master, Overseer, or owner of the work,)
untill it be finished according to the agreement, vpon
paine of the forfeiture of five pounds to the party from

184 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. whom he shall depart, who may recover it by an action of
■•"•^"•'^*^ debt, and other ordinary costs and damages besides, in the
Courts where such matters are to be tryed.

Slaunder.

Forasmuch as a good name is better than precious oint-
ment, and Slaunderers are worser than dead flies to cor-
rupt and alter the savour thereof, it is agreed, by this
present Assembly, to prohibitt the raysing and spreading
of false reports, Slaunderers and Libells throwout the
whole Colonic ; and we further declare that the partie
offended or grieved by such False reports, Slaunders, and
Libells as hereafter foUoweth, may bring his action of
slaunder against the reporter and speaker thereof, in case
vpon demand he reveale not the author ; but if revealed,
then against the Author, and shall recover sufficient dam-
ages. The cases actionable are these ; For a man to say
eyther by word or writing, and yet not able to prove it,
that another is a Tray tor, a Fellon, a Thiefe, a Cutt-purse,
or hath stolen something ; a perjured person, or hath for-
sworn himselfe in any man's case ; a Bankrupt, a Cheater,
or one that lives by cheating ; to call and be not able to
prove it, an unmarried Woman a whore ; a young man
unmarried, awhoremaster ; to say a young mankeepetha
House of Bawdery ; or that a Tradesman maketh nothing
but bad wares ; or that a Merchant or Shop-keeper hath
nothing but rotten, bad and vnsound wares in his house or
shopp, or to speak any thing in the disparagement of a
Man's goods that he putts to sale whereby he may be
damnified.

Words

•actionable.

Poore.

It is agreed and ordered, by this present Assembly,
that each Towne shall provide carefully for the reliefe of
the poore, to maintayne the impotent, and to employ

AND PROVIDENCE PLANTATIONS. 185

the able, and shall appomt an overseer for the same pur- 1647.
pose. See 43 Eliz. 2. ^^-v-^'

Scoulds.

It is ordered, Common Scoulds shall he punished with
the Ducking vStoole.

Ale Houses.

It is ordered, by the authority of this present Assem-
bly, that no Taverne, Alehouse or Victualling House,
shall be kept throwout the whole Colonie without Licence
or Allowance ; and whosoever shall keep Taverne or Ale-
house, or Victualling house without licence, shall forfeit
twenty shillings, which shall be levied to the vse of the
poore, and shall by the head officer of the Towne be forth-
with discharged. vSee 3 Car. 3.

Licenses.

Be it also enacted by the authority of this present As-
sembly, that each Towne shall have power to allow Tav-
ernes. Alehouses, and Victualling houses within its own
precincts ; and the Head officer of the Towne shall binde
by Recognizance every such Taverne, Alehouse keeper
and Victualler so allowed, with two such sufficient sureties
to keep good order in his house, and not to vse such games
as are judged by the Lawes of England to be vnlawfull
in such Common houses, as Carding, Dicing, Slide,
Groat, &c., and not to suffer any Townsmen to remeine
tipling therein for vme hours space, vnder the penaltie of
ten shillings for every such default, vpon the view of the
head officers, or vpon the information of sufficient wit-
nesses vpon their solemn testimony, or by his owne con-
fession ; And every Townsman so taken, shall forfeit for
every time, three shillings and four pence ; which forfeit-

186 KECORDS OF THE COLONY OF RHODE ISLAND,

1647. ures shall be taken by distreint and given to the overseer
■*"^"^''^'' for the use of the Poore.

Drunkenness.

Drunkenness is forbidden throwout this whole Colonie ;
and it is further agreed, that the head officer of each
Towne, or any other Magistrate shall have powre upon his
owne view, confession of the partie or proof vpon one wit-
ness his Testimony, to convict a person of drunkenness,
who shall be by him enjoyned to pay five shillings, for
that fact into the hands of the overseer for the vse of the
poore, within one week after the same conviction ; and in
case the partie refuse so to do or be not able ; then shall
he be sett in the Stocks, and there remaine for the space
of six houres ; and for the second offence, being convicted
as aforesaid, he shall forfeit ten shillings, to be paid as
before ; and shall be bound by the head officer or magis-
trate before whom he is convicted, to his good behaviour,
with two sufficient sureties in the summ of ten pounds.
21 Jac. 7.

Archerie.

Forasmuch, as we are cast among the Archers, and
know not how soone we may be deprived of Powder and
Shott, without which our guns will advantage vs nothing ;
to the end also that we may come to outshoot these na-
tives in their owne bow ; Be it enacted by the authoritie
of this present Assembly, that that statute touching Arch-
erie, shall be revived and propagated throwout the whole
Colonie ; and that every person from the age of seventeen
yeares, to the age of seventy, that is not lame, debilitated
in his body, or otherwise exempted by the Colonie, shall
have a Bow and four arrowes, and shall vse and exercise
shooting ; and every Father having Children, shall pro-
vide for every man-child from the age of seven years, till

AND PROVIDENCE PLANTATIONS. 187

he come to seventeen yeares, a Bow and two Arrowes or 1647.
shafts, to induce them, and to bring them up to shooting ; ^-'•■'^'-«*-^
and every sonn, servant, or master, thus appointed and
ordered to have a Bow and Arrowes, that shall be remiss
and negligent in the observance hereof, and shall be found
to lack a bow and so many arrowes for the space of a
month together after the last of the fourth month, com-
monly called June, shall forfeit three shillings and four
pence ; the father shall pay for the son, the master for the
servant, and deduct it out of his wages.

It is also ordered, that each Towne shall have a pair of
Butts before the last of the fourth Month, vnder the pen-
altie of ten shillings.

Marriage.

It is agreed, and ordered by this present Assemblie, for
the preventing of many evills and mischiefs that may fol-
low thereon, that no contract or agreement between a-
Man and a Woman to owne each other as Man and Wife,,
shall be owned from henceforth threwout the Whole Colonie
as a lawful! marriage, nor their Children or Issue so com-
ing together to be legitimate or lawfuUie begotten,, but
such as are, in the first place, with the parents,, then or-
derly published in two severall meetings^ of the Towns-
men, and lastly confirmed before the head officer of the
Towne, and entered into the Towne clerk's Booke.
And that man that goes contrarie to this present Or-
dinance established, shall forfeit five pounds to the parents
of the Maid, and be bound to his good behaviour ; and all
the accessories shaU' forfeit five pounds a man, halfe
whereof shall go to the grieved parents and the other
halfe to the Towne-

188 RECORDS OF THE COLONY OF RHODE ISLAND,

1647.

Probate of Wills.

Forasmuch, as all ^len are free to dispose of their
owne as they please ; Be it enacted by the present As-
sembly, that all persons inhabiting in this Colonic, be by
this present act, put in mind of their owne Mortality,
and the distraction which they shall leave behind
them, may bring to the ryghtfull heyres thereof, if not
kindly prevented ; and that it is ordered, while they are
in health and perfect memory to sett their houses in order,
as if they were about to depart, and draw vp their wills
in writing, how their Houses, Lands, Goods and Chattells
shall be disposed of after their deaths, and do name an
Executor or two to which they will committ the disposall
thereoff, and so subscribe their names putt to their Scale,
and cause two or three Witnesses to sett their hands for
confirmation thereof.

And be it further enacted, that the Executors vpon the
death of the Testator, shall call in two honest neighbors,
being his friends, or two honest persons, being the next of
his kindred, and in their presence, and with their direc-
tion, shall make and draw vp a true and perfect Inventory
of all his Goods, Chattells, Wares, Marchandize, as well
moveable as not moveable, and one draught thereof he
shall deliver vp to the head ofl&cer of the Towne, to whom
the probate or approbation of Wills shall belong, upon his
solemn Testimonie, being of the nature of an Oath, that it
is a good and true Inventory ; and he, together with the
Witnesses, shall also deliver in the Will or Testament of
the Testator, with the same solemn affirmation that it is the
true, whole and last Testament of the same Testator freely
made, and in his perfect Memorie. And this Testament
being thus proved bfore the head officer, the Towne Clark
shall transcribe or coppie out the Testament, putt wax
into it, and then the head officer, by putting to it the

AND TROVIDENCE PLANTATIONS. 189

seale of his office, shall declare his approbation of it ; and 1647.
so, having taken sufficient Bond of the Executor, to pay ^-^^v-*-^
the Testator's debts and faithfully to execute his Will and
Testament, he shall give him power to administer.

Moreover, be it enacted by present Assembly, that
both the Will and the Inventory shall be brought in within
one Moneth after the Testator's death, and that it shall be
approved, and powre given to administer without delay ;
and in case the goods be in danger to be embezzled, then
may the nearest of his kin take the Town Clarke, and
they together with the Executor, or without him, may
make an Inventory, or at least take a note of the Goods
and Chattels of the Testator's left behind him.

And it is further ordered, that the Will and Inventory
shall be kept among the Records by the Recorder, who
shall eyther show or give a Coppy thereof to such as re-
quire it, they satisfying him for his Labour and paines in
so doing.

And it is further agreed, that for the Probate of Wills
and giving powre to administer, in case the testator's
goods amount not to the sum of Five pounds, there shall
be given but one shilling to the Towne Clerke. In case
the goods be worth above Five pounds and under Fortie
pounds, there shall be given three shillings and sixpence ;
two shillings whereof shall be given to the head officer,
and eighteen pence to the Towne Clarke ; and in case the
goods be worth above Forty pounds clearly, then shall he
pay five shillings ; two shillings and sixpence whereof shall
go to the head officer, and tv^^o shillings and sixpence to
the Towne Clarke.

And be it further enacted, that in case a man dyeth in-
testate, or the Executor pitched upon refuse to administer,
then shall y*" head officer of the Towne, together with the
Common Councill of the same Towne, appoint one of his
nearest kinsman to take with him two other honest neigh-
bors, and make and bring in a true Inventorie of his
goods, which being brought in, they shall then make an

190 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. equal and just distribution of his Estate among those to
^'^^■^^'^ whom it does belong, the draught whereof being instead
of the dead man's Will, together with the Inventorie,
shall be left among the Kecords with the Eecorder, and a
Coppy delivered into the hands of him whom they have
chosen to be Executor, who shall have powre (being first
bound) to administer according to the Tenure thereof.

These are the Lawes that conceme all men, and these
are the Penalties for the transgression thereof, which by
common consent are Katified and Established throwout
this whole Colonic ; and otherwise than thus what is
herein forbidden, all men may walk as their consciences
perswade them, every one in the name of his God. And
lett the Saints of the Most High walk in this Colonic
without Molestation in the name of Jehovah, their God
for Ever and Ever, &c., &c.

AND PROVIDENCE PLANTATIONS.

Touching the Public Administration of

Justice according to the Lawes agreed

upon and established throwout the

whole Colonic.

Be it enacted by this present Assemblie, that for mat-
ters of greater weight and moment, there shall be erected
a Generall Court of Tryalls for the whole Colonic, andcourtsof
Generall Officers for the Administration of Justice
therein.

The Court shall be held twice in the yeare, in case
there be matters that are then and there to be Tryed,
Sci : upon the next day after the dissolving of the Court
of Election held in May, and the other upon the last
Tewsday of the eighth moneth, commonly called Octo-
ber, and these Courts to be held at ■

It is further agreed, that to these Colonic Courts of
Tryall, shall appertaine the Tryall of such Crimes as may
hazard Life, Limbe, Disfranchisement or Bannishment ;
and such Trespasses, Debts, and differences (as by the
Common Councill eyther of Towne or Townes shall b€
judged too weightie for a more private determining).
Also, such matters of difference as fall out betweene
Towne and Towne, or between parties dwelling in two
Townes more remote, or in the case of an arrest of a
man belonging to a neigbour Colonic, or, in cases of great
importance ; also, attaints of Inquests, and Tryalls of
perjuries, and finally all such matters as are not referred,
by any charter or order, vnto any Towne apart, or to the
Island, or two Townes joyntlie.

Be it enacted further by the authority of this present General
Assemblie, that the Generall Officers for the whole Colo-
nic shall be these, Sci : One President, foure Assistants,
in every Towne one, one General Recorder, one Publick

192 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. Treasurer, and a General Sargent ; which Officers shall
"-^^-^^^■^ be chosen eveiy yeare in the General Assembly, and tow-
ards the latter end of that Session. They shall also be
chosen after this mannar : for President, Recorder, Trea-
surer and Serjant each Towne shall present one ; and he
which the major part of the General Assembly pitcheth
upon by paper, shall stand and be confirmed in his Office
for that yeare ; and for Assistant, each Towne shall
present two, and he which the vote by paper pitcheth
upon, shall be the Assistant in that Towne.

Be it further enacted, that the President and Assistants
:mTSt- ^^^^1 ^^^'^ ^^^^ ^ Commission by which they shall be con-
BervLtTs'of servators of the peace in the same Towne where they live
and throwout the whole Colony. By this Commission,
they shall keep the peace, and in case it be broke by
threats, assaults, or afFrayes, eyther before any of them or
Breach of ^P^^ lawfull complalut, he or they shall bind the parties
Peace. ]3y recognizance with two sufficient sureties vnto the
peace, and to appeare at that Court where such matters
and^icquit- ^^® ^^ ^^ tryed, and soe to remaine, vntill by proclama-
tion in open Court he shall be acquitted.

In case the peace be broken by forcible entry, any of
them, vpon complaint, may, together with the head officer
of the Towne, goe to the place, and vpon their view shall
remove the force, arrest and imprison the offender, there
to remaine vntill the Court where such matters are to be
tryed, when he shall be sentenced and fined by the judg-
ment of his peers.

In case of breach of peace by Riotts, Routs and unlaw-
Rou'sUc ^^^11 Assemblies, any of them, by virtue of this Commis-
sion, being alone by himself and present, may arrest them
and cause them to find sureties for their good behaviour or
send them to prison ; but being absent vpon notice given
or complaint, the President and Assistants, or eyther of
them, with the head officer of the Towne, shall go to the
place, and if the parties be present, they shall arrest the
offenders, remove the force, and bind them to their good

tal,

Fore b:«
entry.

AND PROVIDENCE PLANTATIONS. 193

behaviour by sufficient sureties, and to appear at that 1647.
Court where such matters are to be Tryed ; and if they ^T^^^""*"'
find not sureties, to send them to prison, there to remaine
till the Court [meet] ; and then being tryed by their
peers they shall be sentenced and fined as the Law doth
provide, out of which fines the charges of Officers, and
triers, and the assistants and aydes shall be borne.

But if the offisnders be gone, then shall the head Officer
of the Towne be put in mind at the next Towne Court, to
enquire by a sufficient inquest (worth in Goods and Chat-
tells forty pounds at least) returned by the Towne, and
the Riott being found, by inquisition, he or they shall make
a Record in writing, and soe send out his or theyr process
(Sci: a venire facias) against the ofi'ender, to cause him to^^^^^^^
come in to answer. And when he appeares, then shall he
be committed to prison, and ransomed by the fines afore-
said. But in case the Riott be great, in nature of an In-
surrection and Rebellion, then shall all the chiefe officers
in the Towne take with them the Sarjent and Constable, Great Biott

orRebellion-

and if need be the powre of the place, to remove the
force, and shall send the Ringleaders or chiefs to prison,
there to remaine vnto the Court where such matters are to
be tryed ; and shall bind the rest over also by recogniz-
ance, with two sufficient sureties vnto the peace, there and
then also to appeare, where being lawfully convicted,
they shall be fined as the Law hath determined.

In case the breach of peace be by Felonie, or by sus-
picion thereof, vpon complaint or request, any of them, ^°°'"
(having taken of the party requesting his examination
vpon the perill of perjurie, in case he prove false,) or at
least bind him by recognizance to give in evidence against
the offender (in case he be taken) at the next Gaile de-
liverie,) shall grant out his warrant vnder scale of his of-
fice unto the Sargent or Constable to arrest the offender,
and bring him before himself or some other conservator of
the peace, to answer such things as shall be objected to
against him.

194 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. When the offender appeares, before he committ him to
'-*'"-^*^ prison, he shall, first, take the examination of the offend-
er, but not vpon oath ; secondly, the examination and in-
formation of those that bring him, and shall sett down the
materiall passages touching y^ fact and circumstances
thereof ; thirdly, he shall bind all by recognizance to ap-
peare at the Court -where such matters are to be tryed,
then and there to give in evidence against the offender,
and the party grieved to prefer a bill of indictment against
him ; fourthly, he shall make his mittimus and send the
offender to Gaile, vnless he be bailable, and then shall he
baile him ; fifthly, he shall certifie at the next Gaile de-
livery to which the hearing of the matter belongs, such
information, recognizance, and bailment, and for his fail-
ing therein, he shall be fined, at the discretion of the
Justices of the Goale delivery.
Hue.& Cry. Auy of them, vpon just ground may send forth Hues
and Cryes after the Felons, &c. ; and every person ought
to be ready to arrest and apprehend them ; otherwise to
raise hue and crye without cause, is to disturb the peace
of the Colony, and he that so doeth, deserves to be bound
to the peace.

This shall be their powre touching the peace, both
within the liberties of the Towne where they live, as also
in the other Townes enjoying like Liberties, especially in
case the particular head officers thereof neglect their Dutie
therein ; but especially this shall be their care and dutie
touching places that fall not in, within those Towne Lib-
erties, and in such cases as appertaine to the Colonie
Court of Tryall. See Edw. iii. 1.

President's Commission.

,, , . By a speciall commission, the President shall sitt as

Chief Judge in the Colonie Courts of Tryall, to see that

AND PROVIDENCE PLANTATIONS. 195

order and course of Law appointed thereto be dulie ob- 1647.
served, and the verdict being given in, he is to pronounce '-*'~^'"*^
the sentence.

In case it be a matter of Felonie, to deliver vp to thereionie.
Generall Sargent to the execution, or see it done and
performed.

In case it be a matter of Trespass, debt or any other Tresspaee.
difference betweene Man and Man ; he is, together with
the Assistants, to tax the costs and to send forth a Writ
of Execution unto the Generall Sarjent, who shall send
forth a Warrant to the Sarjent of that Towne where the
party judged do live to do execution. He shall also send
forth a writt to the Generall Sargant at least tenn dayes
before, to give the whole Colonic notice, to the end they
may prepare for the Generall Assemblie.

Assistants.

By a speciall commission, all the assistants, if not
necessarily deteyned, shall sit with the President in y®
Generall Courts of Tryall, and shall supply the roome of
a Coroner in each Towne where they dwell.

Touching the Generall Recorder.

Be it enacted by this present Assemblie, that the Gen-
erall Recorder's Ofi&ce shall be in the generall, to keep a
Coppie of all the Records or Acts of the Generall Assem-
blie, Generall and particular Courts of Judicature, Rolles
of the Freemen of the Colonic, Records, Evidences, Sales
and Bargaines of Land, Wills and Testaments of the Tes-
tators, and orders of the Townsmen touching the Intes-
tate, Records of the Limitts and Bounds of Townes, their
Highways, Driftwayes, Commons and Fencings, Privi-
ledges and Liberties. And forasmuch as matters of great-
est concernement ought to be kept and preserved with the
greatest vigilance : Be it enacted, that the Generall pur-

196

RECORDS OF THE COLONY OF RHODE ISLAND,

1647. chases, (which are all we can shew for our right to our
'"-*'^'^*^ Lands, and the Charter which is that which gives vs) who
are Subjects right to exercise authority one over another,)
be kejDt in a strong chest, having foure severall Locks an-
nexed thereto, and that each Towne keep a key thereof,
that soe, as there is a common right and interest therein,
there may be no access vnto them in a divided way, (lest
also, they be divided,) but with a common consent. And
let it be further enacted, that this chest be placed in the
safest place of the Colonie ; and the Generall Recorder,
also, shall have the key to the Roome in which it is
placed.

Be it also enacted, that he that is Generall Recorder,
Pilce.° shall supply the roome of the Gierke of the peace or as-
sizes, in the Generall Court of Tryall, as it is a Court of
Assize or Goale delivery. And as Clark of assize, his of-
fice shall be to receive examinations, information, recogni-
zances and bailments, presented by the Officer who com-
mitted the Felon to prison. He shall also receive the bill
of indictments presented by him who was bound to prose-
cute the prisoner ; he shall read the indictments and
enroll the acts of the Court itself, the indictment, the
process, the answer, the traverse itself, the verdict, the
judgment thereupon, and the execution. And as this
Court is a Court of Common Pleas, soe he shall supply
the roome of the master of the office, and in that regard
his office shall be, vpon the request of the plaintiff or his
Attorney, (in matters that clearly appertaine vnto that
Court,) to direct a Writ to the General Sargant to arrest
the defendant, in such an action, of such a man, and to
take baile for his appearance by such a day as the writ
makes mention to be returnable ; and in case the General
Sargant returne j" defendants Bond by the day appointed,
then shall he enter into his appearance, and in case they
proceed, his office shall be, to file such declarations and
answers. But in case after a declaration is filed in ex-
pectation of an answer, or to make his defence, and he

Qenerl Offi
cers to pcnd
forth \\ ar-

AND PROVIDENCE PLANTATIONS.

197

doth not, then the plaintiff taketh him by defiiult, which 1644.
is called confessing the action ; and then the Recorders ^-"^^v-^*-
oflQce shall be, to enter and record a nihil dicit (id est,) he
saith nothing thereon, and so shall he send out a writ of
enquiry of dammages vnto the Towne where the defend-
ant lives. And the head officer of the Towne, at the
next Towne Court, shall enquire of damages, and by a
writ of destringes to the Sargant, shall cause the defend-
ant for that purpose to come to the Court, and in case he
appeare not, he shall forfeit the distraint, and the head
officer of the Towne may distraine again and again. The
matter being issued in the Towne, it shall be returned into
the office, and the Recorder shall then enter the posiia
retarne, and give forth to the General Sargent a writ of
Execution.

Touching the Publick Treasurer.

Be it enacted, that the Publick Treasurer shall only re-
ceive such fines, forfeitures, amercements and taxes, as
fall vpon such as are not within the liberties of the three
Townes specified in the Charter ; and Warwick, that is
invested with the like priviledges and powre ; and that
the Townes mentioned shall receive and keep safe in their
custody all fines, forfeitures and amercements that shall be
levied upon the Inhabitants thereof vntill they be called
for by the authority from England ; but if vpon our hum-
ble petition, they be granted to the Colony, then shall they
enjoy them as a helpe in their Government as their cus-
tom forever. Moreover, looke what comes into the Pub-
lick Treasury by that way, he shall give account of in the
Generall Assembly.

Touching the Generall Sargant.

Be it enacted by this present Assemblie, that he that is
chosen Generall Sargant shall be an able man of Estate,

198 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. for so ought a Sheriff to be, whose place he supplies ;

^-*''^-'"*^ whose office shall be to attend all Colonye Courts of
Tryall, and to serve eyther by himselfe or the Serjants of
each Towne, all Writts originall or judiciall ; who having
arrested a man for that which he is bailable, he shall take
baile by an obligation to himselfe, with sufficient sureties ;
the condition of which shall be, to make appearance in
the place, and at the time, the bill, writt, or warrant spe-
cifies. He shall also gather vp all the fines, forfeitures
and amercements, that are made at the Colonie Courts of
Tryall, and shall returne them faithfully unto the Treasu-
rie to which they appertaine. When he is chosen, he
shall be solemnly engaged to exact no more than his
wages, and to take no more than is forfeited ; for not
serving writts and warrants, he shall lose to the party
grieved, treble damages, and forfeit Forty Pounds ;
twentie whereof is the King's Custome, and twentie
shall be to the party that sueth. And he that summons
or doth arrest without w\arrant, shall be imprisoned till he
pay to the party grieved ten pounds, his costs and dam-
ages, and twentie pounds to the King. See the 43 Eliz.
6. He shall also have the charge of the prison for the
Colony, and the prisoners therein.

But forasmuch as Justice cannot be had in the general
Court of Judicature, notwithstanding these Officers, with-
out Pleaders and Tryars, be it enacted, that there shall be
both, and rules given for their orderly proceeding.

Touching the Inquest or Tryars.

To save needless expenses and travailes, be it enacted,
by the authority of this present Assemblie, that all Trai-
tors, Felons, and such as are suspected thereof shall be
indicted by twelve or sixteen honest and lawful men of,
and also in the Towne where the person was taken, or of,
and in the Towne where his Tryall shall be, and at the
Court of Tryall. And that three of the most sufficient

AND PROVIDENCE PLANTATIONS. 199

and least suspicious persons in each Towne bee chosen by 1647.
the Townsmen tenn days before, and sent to that Court '-^""^"^^
to attend the Tryall of such matters as shall be presented,
and that these be returned and arrayed by the General
Sargent, so that the parties may have knowledge of them
foure dayes before the Sessions of the Justices upon paine
of ten pounds ; and that they be chosen by neyther old
men above seventy yeares, nor mean men, nor such as
have a charter of exemption, nor an indictor, nor inter-
ested in the deliverance of an indictee. See 42 Edw. iii.
11 ; 13 Edw. i. 37 ; 25 Edw. iii. 3 ; 3 Hen. v. 3 ; 23
Hen. viii. 13 ; 8 Hen. vi. 9.

And be it further enacted, that no man shall pass vpon
the Life of a Man in this Colonic, nor in plea real, no,
nor personal in any issue joyned, that amounts in the
dammage to the value of forty marks, nor touching forci-
ble entry, nor touching Riotts, who is not clearly worth
forty pounds, nor in smaller matters in the Towne that is
not clearly worth twenty pounds.

And be it further enacted, that men have their peremp- f^^,]^^^^^
tory and other challenges, to the full, as they have them
in England, where for petty Treason, Murder and Felony,
they may challenge to the number of twentie. See 32
Hen. viii. 3.

And be it enacted, that the inquest upon the TryaU of
persons indicted of Felonie, shall eyther allow of, or reject
the witnesses, according to their consciences, of all or the
major part of them. 4 Jac. 3.

And be it further enacted, that the inquest being thus
chosen by the Townes, and summoned by the Sargant, in
case any of them appeare not, their roome shall be sup- Forfeit.
plied by such among those that stand about, or that live in
the same Towne (and they refusing, the same fine,) where
the Colonic Court of Tryall is held, and every man soe
chosen and summoned, if he appeares not, shall lose and
forfeit five shillings and ten pence ; or what he might
have gott if he had attended the service which the Court

Fa'seVer
Uict.

200 RECORDS OF THE COLONY OF RHODE ISLAND,

1G47. shall determine, which, by a distringas from the Court.
^-^^-"^-'the Serjant shall require, and levie and deliver into the
Treasury to which it belongs.

And be it further enacted by the authority of this pres-
ent Asserablie, that if any false verdict be given in any
action, suit, or demand, either in this or in any other
Court of the Colonic, in any thing personall, as Trespass,
Debt, Difference, &c. ; the party grieved shall have a
writ of attaint out of this Court of the Colonic, putting in
sufficient security against each partie giving in such an
untrue verdict, wdiereby y'' parties shall be summoned by
great distresses ; and in case the thing in demand and the
verdict surmounts forty pounds, to the three able men of
each Towne shall be added twelve of the same Towne,
where the Colonic Court of Tryall shall be, being worth
three score pounds a piece, if such and so many are to be
had, and in case these find they gave an vntrue verdict,
every one of the former inquest shall forfeit twenty
pounds, ten whereof is the King's custome, and ten
pounds shall go the partie grieved, that sues for it ; he
shall be also not of credence, neither shall his solemn tes-
timony be taken in any Court, vntill the Colonic release
him. But if, eyther the demand or verdict be vndcr forty
pounds, then shall the inquest be worth fifty pounds a
man ; and every one of the petty inquest being found
guilty, shall forfeit five pounds, with the like punishment
as is before specified. See 23 lien. viii. 3 ; 37 Hen.
viii. 5. And in case he that sues for the writ of attaint
makes it not good, every party attainted may have his ac-
tion against him, and recover sufficient dammages.

Touching Pleaders.

Be it enacted by the authority of this present Assem-
bly, that any man may plead his own case in any Court,
or before any Judge of Record throwout the whole Colonic,
or may make his Attorney to plead for him, or may vse

AND PROVIDENCE PLANTATIONS. 201

tlie Attorney that belongs to the Court which may be two 1 644.
in a Towne, to wit ; discreet, honest and able men for un- v-«'-^'^«*^
derstanding, chosen by the Townsmen of the same Towne,
and solemnly engaged by the head officer thereof, not to
vse any manner of deceit to beguile eyther Court or
partie. And these being thus chosen and confirmed, shall
be authorized, being entertayned, to plead in any Court
in the Colonic ; but in case such pleader or Attorney shall
vse any manner of deceit as is aforesaid, and be thereof
attainted, or that shall be notoriously in any default of re-
cord, he shall forfeit his place, and never more be admit
ted to plead in any Court of the Colonic. See 3 Edw. 1,
28 ; 4 Hen. iv. 18.

Be it also further enacted, that in matters of controversie

Controver-

betweene partie and partie, or Towne and Towne, that be- ^^°-
longs to the hearing and determination of the Colony Court
of Tryall, the partie complaining, or his Attorney, shall goe
to the General Record, and in his office shall enter his^"^''-
action ; then shall he request a writ to arrest the defend-
ant as is abovesaid, returnable at least twenty dayes before
the Court ; the bond of the defendant being returned into
the Recorder's Office, the plaintiff or his Attorney, shall, ^^"'""^■
within foure dayes after, file his declaration in the Re-
corder's Office (or he shall be non-suited) where the de-
fendant or his Attorney may see it and take forth a coppie
thereof ; then shall the defendant or his Attorney, file the

' "^ Defendant.

answer eight dayes before the Court. And so shall they
join issue, that Court, and proceed to Tryall, where the
witnesses to prove or disprove the issue being produced,
the plaintiff and defendant may plead their own cause, or
have their Attorneys plead for them before y*" Bench, and^"°™^^"
the inquest ; and the verdict and judgment being given,
the Recorder shall enter it. But, in case the defendant
puts in his answer, and at the Court makes his demurr, ^®°'"'"''-
then shall the Court judge of the sufficiency thereof, and
so shall accept the demurr, or proceed ; but in case he
neyther puts in his answer, nor demurr, or gives in his

202 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. answer, but puts not in his demurr, and yet appeares not,
'-*"^'"'*^ then shall be entered, he saith nothini^ ; and so shall it

Nihil dicit. ' * '

be taken for granted he confesseth the action, and then
shall go forth a writ from the Court vnto the Towme in
which he lives, to enquire of dammages, which being re-
turned to the Recorder, a process or writ shall go forth for
Execution.

And now forasmuch as we have prescribed Rules and
orders, whereby are declared both the authoritie, office
and duty of every person that shall be employed about
this Colonic Court of Tryall, and have likewise declared,
that the President's and foure assistants' office (among
other things that belong to their care) is to see that or-
der and course of Law appointed to this Court be dewly
observed.

It is agreed, and by the authority of this present Assem-

blie enacted, that as the former Lawes are committed to

their custodie to see them observed or executed, soe are

these constitutions, so farr as they have a respect vnto an

orderly finding out of Justice and the administration

thereof, committed to their charge, to see them observed.

And furthermore be it enacted, as that which adds to

Tee Court to ^^^ conicly and commendable order of this Court of Judi-

dwk.^"' cature, that at eight of the clock in the morning of those

dayes vpon which the Court is appointed at the farthest,

S!"^'*'' ^^^ President, the Towne Assistants, and the Head

Officers of the same Towme where the Court shall be

kept, (for their Councill and helpe,) shall sit in the pub-

licke Sessions house, and also the Generall Recorder,

where shall attend those that seeke for justice, their

pleaders, witnesses, Tryars and the Generall Sarjant with

his prisoners ready either to rid his hands of them, or else

to doe execution vpon them or others as Justice shall

require.

In the first place, the Recorder shall present, and if
there be time read over the bills of indictment ; and if, in
case they have been examined or presented by an inquest

AND PROVIDENCE PLANTATIONS. 203

before, then shall he pass them over ; if not, then shall 1647.
the President sett apart the honest and lawfull men pre- ^-*-^'-^'
pared for that purpose, by a solemn engagement, faith-
fully to enquire touching the bills, and soe shall send them
forth with the same.

Then, in case there be any controversies or difficulties
between partie and partie that are lawfully and orderly
presented to that Court for Tryall, the Recorder shall read
them over in the open Courtc, and that which was first
joyned for issue, shall come first to the hearing. And
because the twelve men are to have the hearing and de-
termining of all controversies and differences depending
between partie and partie, they shall be first called forth
by the President and placed in order before those that are
to be judged, from whom they shall receive a solemn
charge vpon the perill and penaltie the law hath pro-
vided, to do justice between the parties con tending j ac-
cording to evidence. This done, then shall the parties,
(having first had their lawfull challenges,) or their Attor-
nies plead their cases before them, produced their wit- ^^'i^^''--
nesses for what they affirme, which shall be taken
upon the like perill. AVhen they have sufficiently
discussed the difference, then shall the President or any
other of the Assistants mind the inquest of the most
material passages and arguments that are brought by
one and other for the case and against it, without altera-
tion or leaning to one party or another, (which is too
commonly scene,) and soe shall the President advise the
inquest to goe forth and do justice and right between
their neighbours, according to the evidence that has been vacancy,
brought, for what has been pleaded. These beincc 2:one gone &,

° -^ ^ ^ the bench to

forth, then may the Court proceed to deale with such asj^^"«=°^^"
are bound by recognizance eyther to release them or to
continue their Bonds, according as there is just cause, and
may read over the Indictments that have been enquired
into before, and are now presented as true bills, or that
were committed to the inquest in the beginning of the
14

luatterB.

204 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. Court and are returned true bills. The twelve men re-
^-^^-^*-' turning with a verdict it shall be recorded, and see shall

they be employed, vntill all the differences be ended,
way and And forasmuch as it belongs to the Justice.s to taxe the
loTairLniT costs, lett the vacant times be so employed.

These controversies, differences and demands being
thus all issued, then let the Recorder call to y' Sarjant to
bring forth y'' Prisoners. Before each prisoner lett his in-
dictment be read, and he demanded what he saieth to the
indictment, whether Guilty or not. If he answer Guilty,
his confession shall be recorded. If he sayeth not Guilty,
then lett him be demanded if he will be tryed by God and
the Country, sci: his countrymen. If he consents, the
President shall call forth the twelve men before him, wish
him to look upon them,, and ask if he have any thing
against them ; if not, then he shall charge them vpon the
former perill, to deale faithfully and truly in the matter ;
it being a matter of consequence and moment, and to pro-
ceed to determine according to the light of their con-
sciences, vpon the evidence given in, and if any be found
Guilty of death, to be reprieved to the next Court. And
thus having issued all matters depending, the President
with the assistants and councellors shall give forth writs
vnto the Generall Sarjant for the severall executions, and
so break vp the Court for that time and sitting.

And be it further enacted,, by the authoritie of this pres-
ent Assemblie, that the perill that any officer shall sus-
teyne, for going without^ besides, or beyond his Commis-
sion, shall be first lawfully and orderly judged. And that
no officer employed in this Colonic shall think it strange
or hard dealing to be brought to his faire Tryall, and
Judgment for what he hath done amiss.

Be it also enacted, that the Chiefe Officers of the Colo-

TheTria^iofnie, Isknd, or Townes, shall be tryed and judged in the

**■■* Generall Assembly by a committee of the most able and

impartial! men, chosen out from among them, against

whom they may have also their lawfull challenges : and

AND PROVIDENCE PLANTATIONS. 201

that all other officers abusing their offices, shall be tryed 1647.
and judged eyther in the Towne by which they were ^— ^*-
chosen ; or, if the Towne please, or if not chosen by
the Towne, then shall they be tryed and judged by the
Colonic Court of Tryalls. And in case any man sues for
Justice against an officer or other, and he cannot be
heard, or is heard and cannot be righted by any Law ex-
tant among vs, then shall the partie grieved petition to
the Generall or Law making Assemblie, and shall be re-
lieved.

And now forasmuch as the choice of all the officers
that are to be employed in this Colonic, like the Colonies
about vs, once a year, whereby it may be easily collected,,
that he that hath an office or charge this yeare, may have
none another ; and it would be too prejudicial to the peace
of the place or quiet Government thereof, for a man out
of a discontented self-will, or other pretence, not to re-
signe, together with his office, belonging to the Colonic,
Island or Towne, to him that is chosen and appointed
thereto.

Be it therefore enacted by the authoritie of this present

^ DetainiDgf-

Assemblie, that whosoever hath, or shall hereafter have,^«''=°'"'*«
Books, Papers or Parchments, in which are conteyned
Orders, Records, Purchases or Charters that belong vnto
Colonic, Island or Townes, or have any other things ap-
pertaining thereto, shall, within one month after another
be chosen and appointed to take the charge thereof, de-
liver vpp safely into his hands, all such Books, Papers,
Parchments and other things that were in his custody.

And be it further enacted, that he that shall not resigne PenMii?
and deliver the books, papers, parchments, and other
things above specified, within one moneth as he is ap-
pointed, he shall forfeit f )r the first moneth tenn pounds ;
for the second, twentie pounds ; and so shall it be every
moneth doubled, vntill he deliver it, which forfeiture shall
be taken, and by the chief Officers and Sarjant of Colonic,
Island or Townes to which the wrong and injury is done,

206 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. by distraint vpon his Goods and Chattels, and shall be
^-^^'^^' committed to the Treasuric to which it belongs.

And further be it enacted, by the authoritie of this
present Assemblie, that a Humble petition shall be drawn
vp to our Honoured Lords and Noble Governors, with the
names of the Inhabitants of the Colonie subjoined, wherein
is express'd our humble and earnest request and desire,
that forasmuch as we are but poore, and the fines, forfeit-
ures, waifs, strays, and amercements are not like to be
much [in amount] they may be granted unto vs and con-
firmed [to the Colonie] whereby some little helpe may be
afforded to the government thereof, and to carry on the
[administration thereof] therein.

And be it further enacted, that one [be appointed by
the] present Assemblie, and be employed to solicit in
[England] with our Noble Lords for the obteynement
[thereof.]

[And forasmuch as we] find the nature and constitution
of our place [makes it inconvenient] to bring all matters
of differences vnto our place or Courte of Judicature, and
also perceive our Charter granted vs by those Noble Lords
and Governors, to be so free and full, that in all our trans-
actions we may have an eye and respect vnto the nature
and constitution of the place in which we are placed. We
do therefore joyntly agree, (being also requested thereto)
and do give, grant and confirme vnto the Island called
Aquedneck, alias Road Island, and her two Townes, Sci:
Portsmouth and Nuport, and eyther of them, full powre
and authority, eyther joyntlie or apart, to constitute such
particular orders, penalties and officers, as may more
nearly concerne eyther each Towne apart, or the Island
joyntly. And by their particular officers, or with the as-
sistance or helpe of the generall, may execute such par-
ticular orders and penalties, and so many of the Common
Lawes agreed on in the Generall, and their penalties not
annexed already unto the Colonie Court of Tryall, at such
times, in such places, and after such a manner and forme

AND PROVIDENCE PLANTATIONS. 201

as the major parte of the Inhabitants of each Towne shall, 1647.
by free consent agree vnto, provided all this be done with ^-*^^'-*«"
respect to the Provisoe in our Grand Charter specified.

Sargants fees allowed at the Court at Portsmouth,
1649, for attending upon a prisoner, two shillings and
sixpence per day ; for serving writs out of the Towne
where the Gen'l Sarjant lives, three pence per mile for
going, and three pence per mile back ; for the prisoners'

commitment, five shillings ; all on , for going to

serve executions, three pence per mile out [from] home ;
and three pence per mile back. For going to levie fines,
three pence per mile for, and three pence per mile back.

A TABLE OF FEES.

s. d.

The action entering, and the Writt thereon, 1 0

The filing of a bill, or declaration, - - 1

The filing of an answer, - - - - - 1

The exemplification of a Record, - - - 2 6

The Coppy of a bill, or declaration, - - - 2

The Coppy of the answer, _ - - - 2
The examination of every witness, - - - 6
The exemplifying the Testimony of every witness, 6

For entering of a nihill dicit, _ _ _ 2

For a writ of enquirie, ----- 2

For a scire facias, - - - - - 2

For a fierie facias, _ _ _ _ - 2'

For a venire facias, ----- 2

For entering the verdict, _ - _ - 1

For Baile entering to every action, - - 2 6

For recording Judgment and issue, - - - 2 6

208 RECORDS OF THE COLONY OF RHODE ISLAND,

1647. s. d.

-'^^^"'^ For a writ of execution, - - - - - 2 6

For a distringas, - - - - - -10

For binding to the peace, or good behaviour, - 6 8

For acquittal of Felonie, or suspicion thereof, - 2 6

For making a Record of Reference, - - - 2 6

For entering the Traverse of an Indictment, - 2 6

For plea upon the Traverse, - - - - 2 6

For filing the Inventory of goods taken upon execution, 6 8

For a writ of accompt, - - - - - 1 0

For drawing up a bill of Indictment, - - - 2 6

For the subpoena of every person, - - - 10

For a writ of Audita querela, - - - - 1 0

For a writ of error, - - - - - 5 0

For a writ of attaint, - - - - - 5 0

For every Commissioner out of Court, - - 5 0

For filing of every returne, - - - - 1 0

For a Justice, 26

For binding over to the Court, - - - - 2 6

For committing to prison vpon refuse of Baile,

Cofessing a Judgment in Court, - -

A protest in Courte, - - - - -

Acts and orders made at the General Courte
of Election, held at Providence, May 16, 1648.

Mr. Nicholas Easton, was chosen moderator for and
during this Assembly.

V/illiam Dyre is chosen Clarke of the Assembly during
y® sitting thereof.

Mr. William Coddington was elected President,

AND PROVIDENCE PLANTATIONS. 209

Mr. Jeremy Clark, Assistant and Treasurer. Elected 1648.
■and Engaged. ^--^-v-**^

Mr. Roger Williams, Assistant.
Mr. William Baulston, Assistant.
Mr. John Smith, Assistant. Elected and Engaged-
Phillip Sherman, General Recorder.
Mr. Alexander Partridge, General Sarjent.

It is ordered, that Captain Clarke and Mr. Barton shall
go to y° Bay and carry the Letter and receive their an-
swer, concerning Warwick business.

It is ordered, that six men of each Towne shall be
chosen, in whom y^ General Court shall continue ; and
each Towne here shall have the choice of their men if
they please ; or if any Towne refuse, the Court shall
choose them for them ; if any else beside will tarry, they
may whose helpe is desired. And further it is ordered,
that this Committee shall have power to determine by y"
Major vote.

It is ordered, and by this Court determined, that the
General Court of Tryall shall be kept by Courte in such
places where the action did arise, or where the persons
are apprehended and taken, and at such times as the
Committee in whom the authority of this Court is con-
tinued. And that those suits that are already com-
menced, or shall be judged just by the Committee to
be commenced, shall be then and there tryed, as if they
had been in the place, and according to y° time formerly
appointed and vpon the same engagment to the Court.

PROVIDENCE. NEWPORT.

Thomas Olney, Mr. Easton, Moderator,

Thomas Harris, Wm. Dyre, Clerk,

William Withenden, Mr. John Clarke,

Hugh Benett, James Weeden,

Robert Williams, James Barker,

Gregory Dexter. Joseph Clarke*

210 RECORDS OF THE COLONY OF RHODE ISLAN]>y

1648. WARWICK. PORTSMOUTH.

-^^>'^^-' Mr. John Smith, Capt. Morris,

Ezek. Holyman, John Tripp,

John Warner, George Lay ton,,

Robert Potter, William Almy,

Chris to. Helmes, John Briggs,

Peter Green. Sam'l Wilbor, Jun'r.

It is ordered, that the Clarke of this Assembly shall
give and receive in y" name of y" State, the engagement
to the Officers of State according to y^ order. And it is
further ordered, that, whereas in the engagement of y® Of-
ficers of State, there is a clause at y" latter end thereof,
vidg't, "according to y® best of your understanding."
The Court interprets their meaning to be, that they are
not, or shall not vary from the Letter of their Commis-
sion by any equivocall expositions.

Mr. Jeremy Clarke and Mr. John Smith, were elected
and sworne. Mr. Coddington and Mr. Balston are sus-
pended.

It is ordered. That whereas there are divers bills of
complaint exhibited against Mr. Coddington who was
elected President.. That if the said President elect shall
be found Guilty, or being cleared of the said charges, re-
fuse the place ; or if he refuse to give his engagement to
the next Session of this Court to be held for this Colony,
that then y^ Assistant of Newport, to wit, Mr. Jeremy
Clarke, shall be invested in his place, and shall take the
authority of that place upon him.

It is also ordered. That if at any time hereafter, he that
is made President shall happen to depart the Colony or
Province into any other Colony, or into Old England, or
if y' said President shall dye ; then the General Assistant
of that Towne where the President was chosen, shall sup-
ply the roome of the President so non-resident or vacant,
with as full powre and authority by virtue of this act as if
he had been chosen thereto, vntill the said President's re-

corder's De

AND PROVIDENCE PLANTATIONS. 211

turne, or a new be chosen at y" next General Court of 1648.
Election ensuing. v— ^-v-^.^

It is also ordered, that the Clarke of this Assembly shall
retaine in his hands, the Records of the State and supply
the General Recorders office in all points till y'' General
Recorder elected shall come at y*" next Sessions of this
Court and give his engagement to y'' State, and therein be
invested.

And it is also further ordered, that if it happen that y^enerai Re-
General Recorder dye, or departe the Colonic, then the!
Towne where he did live shall take into custody the place
and charge, and invest some one in y*" place till y*" next
General Court of Election.

It is ordered, that forasmuch as the President elect hath
not attended this Court for y"" clearing of y^ accusations
charged vpon him ; Be it enacted and by the authority of
this Court established, that the Assistant of that Towne
wherein the President was chosen, Vidg't., Mr. Jeremy
Clarke shall supply y® place of the President, with as full
powre as if he had been elected and installed therein, un-
till the said President elect shall be cleared and installed,
or a new President be elected and installed, any clause in
any other act or acts in any other order formerly made
notwithstanding.

It is ordered, that y^ Generall Court of Tryall shall be-
gin at Newport on Tuesdey three weeks, vidg't, the loth
of June, and from thence to Portsmouth, and so forward
if there be occasion : And it is ordered, that all causes or
complaints exhibited to y*" said Generall Court of Tryall,
shall be heard and determined by j" said Court ; and in
case there be non-suits or nihil dicits taken, that then y®
Jury empannelled for the said Court, shall enquire of
Damages and Executions to issues forth thereon, which
shall be as good and of effectual force, any clause in any act
notwithstanding. It is also ordered that y^ Sarjants of y®
Townes shall execute their offices as formerly they have
done, till there be a new General Sarjant made.

212 RECORDS OF THE COLONY OF RHODE ISLAND,

1648. It is also ordered, that if any of the Assistants shall be
^-^^^'^^^ absent from the General Court of Tryall, then those that

Assistants

absence, aro proscnt shall be the judges of that Court effectually ;
any act or order formerly made notwithstanding.

It is ordered, that Captain Clarke, Lieut. Dyre and
Ensigne Barker shall state the affaires of y° Band of
Newport, and present it to y" next sessions of the Gen-
eral Court to confirme and establish.

It is ordered, that each Towne shall within ten dayes

To^vnoffl- meet together to choose their Towne officers, and that

chosen- ^ Mr. Easton shall call the townsmen of Newport ; and Mr.
Porter and Mr. Sanford shall call the townsmen of Ports-
mouth ; and Mr. Weeks for Warwick ; and by virtue of
a commission to them, shall call y^ people together for to
performe the service aforesaid, and to determine of their
towne affaires.

Prison. It is ordered, That this Courte doth desire that y" prison

in Newport may be y" prison for y*' Colony for y^ present,
and that they would be pleased to appoint a keeper
thereof.

Special Bay- j^ jg oidcrcd, That if y^ sarjeants be hindered or will
not serve any writt to them directed, then a speciall bay-
liffe shall be made and appointed for that service by him
that hath authority to grant the writt.

It is ordered. That the water baylies shall continue in
their places.

La^e!/ It is ordered. That y" bulck of Lawes shall continue

their force till the end of y'' next sessions of y° General
Court, or till they be repealed ; any former act notwith-
standing.

Geor'e" °^ Whcrcas, George Wright did petition y^ Court concern-

wright. ing a scandalous report, rais'd as was said by Daniel
Gould and Henry Stephens, who having upon their oaths
cleered y" matter, Mr. Easton and Mr. Jeffray are ordered
to write to Plymouth, to y" end his bonds may be taken
off.

It is ordered, that Mr. Jeremy Clarke, Mr. Easton, Mr.

AND PROVIDENCE PLANTATIONS. 213

John^ Clarke, and Wm. Dyre shall state y^ accusations 1648.
and articles of all those that stand charged in or to this '--*^-*-^
Court ; presumptions in their places, and peremptory in
their places.

It is ordered, That y^ Scale of , presented by Wm.

Dyre, shall be the scale of y"" State for y^ present to
seale the writts originall and judiciall, or other records.

It is ordered, that y'' dark of the Assembly shall send a
coppy of these acts and orders to every Towne with con-
venient speed.

It is ordered, that the President Regent, to witt, Mr.
Jeremy Clark, shall receive y^ answer from y° Bay ; and
shall consult with this committee, and townes to give a
reply. Also, it is ordered, that he consulting as afore-
said, shall have powre to call y"" next sessions of Generall
Assembly vntil which time this court is prorogued.

An act made and agreed upon for the well-ordering of
this Assembly.

It is ordered. That y^ moderator shall cause the Clark
of y® Assembly to call over the names of the Assembly.

That the moderator shall appoint every man to take his
place.

That all matters presented to the Assembly's considera-
tion, shall be presented in writing by bill.

That each bill be fairly discust, and if by y® major vote
of the Assembly it shall be putt to a committee to draw tiTe commi*

'' '- sion Court.

vp an order, which being concluded by y* vote, shall stand
for an order threwout y° whole colony.

That the moderator shall putt all matters to vote.

That every man shall have liberty to speak freely to
any matter propounded yett but once, vnless it be by
lease from y^ moderator.

That he that stands vp first vncovered, shall speake
first to the cause.

That the moderator by y® vote of y^ Assembly shall re-

214 RECORDS OF THE COLONY OF RHODE ISLAND,

1648. journe or dissolve y" court, and not without, at his great

That he that shall returne not to his place at y*^ time
appointed, shall forfeitt sixpence.

That they that whisper or disturb y" Court, or useth
nipping terms shall forfeitt sixpence for every fault.

WM. DYRE,
Clerk of the Assembly.

[A special General Asseinblie was hoklcn at Warwick, in March, 1649 ;
there is no record however, of their proceedings. In a letter from Mr. Wil-
liams to Mr. John Winthrop, he refers to the proceedings of this Court. It
seems that he was not present, and that the colony elected him Deputy Presi-
dent, Mr. Coddington having sailed for England with his daughter, in Janua-
ry. The colony was thrown into great excitement, by the. report of the dis-
covery of a gold mine on the island. ^Mr. Williams sent some bags of the ore
to Mr. Winthrop, and writes " it is certainly affirmed to be both gold and sil-
ver ore, upon trial." The Assembly passed an act, taking possession of the
mine in the name of the State of England, and issued a proclamation forbid-
ding all persons to intermeddle with any of the ore. This was published by
William Dyre, appointed for that purpose, for want of a Herald at arms, and
the arras of England, and of the Lord High Admiral, were set up at the mine.
Fortunately, a more accurate examination dissipated the golden dreams of the
colonists, by proving the report unfounded. At the same session the following-
charter was granted to the town of Providence.] — Staples' Annals of Provi-
dence, p. 72.

CHARTER OF PROVIDENCE.

Whereas, by virtue of a free and absolute charter of
civill incorporation, granted to the free inhabitants of this
colonie of Providence, by the Right Honorable Robert,
Earl of Warwick, Governor in chiefe with the rest of the
Honorable Commoners, bearing date the 7th day of March,
Anno 1043, givinge and grantinge full power and authori-
tie vnto the said inhabitants to governe themselves and
such others as shall come among them, as also to make,
constitute and ordaine such lawes, orders and constitu-
tions, and to inflict such punishments and penalties as is
conformable to the lawes of England, so neare as the na-
ture and constitution of the place will admit, and which

AND PROVIDENCE PLANTATIONS. 215

may best suite the estate and condition thereof, and 1G49.
whereas the said towns of Providence, Portsmouth, New- ^-«»-v— a^
port and Warwick are for remote from each other, where-
by so often and free intercourse of help, in decidinge of
differences and trying of causes and the like, cannot easi-
lie and at all times be had and procured of that kind is
requisite ; therefore, upon the petition and humble re-
quest of the freemen of the Towne of Providence, exhib-
ited unto this present session of the General Assembly,
wherein they desire freedome and libertie to incorporate
themselves into a body politicke, and we, the said Assem-
bly, having duly weighed and seriously considered the
premises, and being willing and ready to provide for the
ease and libertie of the people, have thought fit, and by
the authoritie aforesaid, and by these presents, do give,
grant and confirme unto the free inhabitants of the towne
of Providence, a free and absolute charter of civill incor-
poration and government, to be knowne by the Incorpora-
tion of Providence Plantation in the Narragansett Bay, in
New-England, together with full power and authoritie to
governe and rule themselves, and such others as shall
hereafter inhabit wiihtn any part of the said Plantation,
by such a form of civill government, as by voluntarie con-
sent of all, or the greater part of them, shall be found
most suitable unto their estate and condition ; and, to
that end, to make and ordaine such civill orders and con-
stitutions, to inflict such punishments upon transgressors,
and for execution thereof, and of the common statute
lawes of the colonye agreed unto, and the penalties and so
many of them as are not annexed already unto the colonye
courte of trialls, so to place and displace officers of justice,
as they or the greater parte of them shall, by one consent,
agree unto. Provided, nevertheless, that the said lawes,
constitutions and punishments, for the civill government
of the said plantation, be conformable to the lawes of
England, so far as the nature and constitution of the place
will admit, yet, always reserving to the aforesaide Gener-

216 RECORDS OF THE COLONY OF RHODE ISLAND,

1649. all Assemblie power and authoritie so to dispose the gen-
-'*^'^^-' erall governmente of that plantation as it stands in refer-
ence to the rest of the plantations, as they shaU conceive,
from time to time, most conducing to the generall good of
the said plantations. And we the said Assemblie, do fur-
tlier authorise the aforesaid e inhabitants to elect and en-
gage such aforesaide ofi&cers upon the first second day of
June, annually. And, moreover, we authorize the said
inhabitants, for the better transacting of their publicke af-
faires, to make and use a publicke seale as the knowne
scale of Providence Plantation, in the Narragansett Bay,
in New-England.

In testimonie whereof, we the said Generall Assemblie,
have hereunto sett oure handes and scales the 14th of
March, anno 1648.

JOHN WARNER,
Clerk of the Assemblie.

Acts and Orders made at the Generall Court of election
held at Warwick, May the 22d, 1649.

First, it was agreed, that I\Ir. Roger Williams who
supplieth the President's place shall be moderator of this
court untill a president be chosen and engaged.

Mr. John Smith of Warwick, is chosen President for
this yeare. Elected and engaged.

Mr. Thomas Olney is chosen General Assistant for
Providence. Elected and engaged.

Mr. John Samford is chosen Generall Assistant of
Portsmouth. Elected and engaged.

Mr. John Clarke is chosen General Assistant for New-
port. Engaged.

AND PROVIDENCE PLANTATIONS. 217

Mr. Samuel Gorton is chosen Gencnxll Assistant for 1649.
Warwick. Elected and engaged. ^^--i-^v-^^

Phillip Shearman is chosen General Recorder. Elected
and engaged.

Mr. John Clarke is chosen Generall Treasurer.

Richard Knight, Generall Sarjent. Engaged.

Mr. Roger Y/illiams is chosen to take a view of the
records delivered into the court by Mr. Wm. Dyre.

It is ordered, that one man of each Towne of the Col- Commute?
lonie be apoynted for a committee to examine some voates
brought into the court. Vidg't, Mr. AVilliam Balston,
Mr. Ilouldinge, Mr. Robert Williams and Mr. Jeremie
Gould.

Mr. Balston, Mr. Ilouldinge, Mr. Robert Williams and
Mr. Goulde beinge chosen to examine some voates brought
into the courte, are authorized by this courte to examine
parties and present to this court what they finde in the
case.

Royai

It is ordered. That the order made by the committee at Mines.
Portsmouth concernynge royall mynes shall stand in full
force and virtue untill the pleasuer of the State of Eng-
land in that particler be further declared.

It is ordered, for the prevention of corruption of voates ^°^^^'
for the futuer^ that this clawes be added to the former or-
der made concerning voates, viz , that none shall bringe
any voates but such as they receive from the voaters
hands, and that all voates presented, shal be filed by the
recorder in the presence of the Assembly, during the
tyme of the Court.

It is ordered, that noe person within this collonie, after siack
the tenth of June next, shall take any black peage of the
Indians but at four a penny ; and if any shall take black
peage of the Indians under four a penny, he shall forfeitt
the said peage, one halfe to the informer, and the other
halfe to the State.

It is ordered, that if a President elected, shaU refuse to Fines or
serve in that Generall Office, that then he shall pay a fine

218 RECORDS OF THE COLONY OF RHODE ISLAND,

1650. of ten pounds. And the Generall Assistant that refuseth

^-^^^^^^ to ser\e after being chosen, shall pay a fine of five pounds.

It is also ordered, that he that hath most voates next to

him that refuseth, shall supply the place of him that re-

fuseth.

It is ordered, that the Town magistrates of the Town
Town liag- whcarc the Generall Court of tryalls shall be, shall sit in
iVfu^court. court with the Generall Officers, and have equall authority
to voate and act with the Generall Officers.

It is ordered, that the law concerninge militarie officers
Mi;itary be further quickened, confirmed, ratified and duly execut-

Affaires. .

ed ; and whereas the order saieth that the two chiefe offi-
cers of each Towne, to witt, one of the Towne and the
other of the Bande shall judge the fines, &c. It is fur-
ther explained and ordered, that the Generall Assistant for
that Towne, the two deputies or towne magistrates, and
the Captaine of the band, shall judge and determine the
fines as in the order, &c. It is further ordered, that if
any man shall be chosen Captaine and refuse the place ;
and accepting the place neglect to traine the band vppon
the dayes appointed, he shall forfeitt five pounds ; and
tliner^fifse ^^^^ Licftcnant in like manner, fifty shillings. It is fur-
to exercise, ^j^^^^. ordcrcd, that w^arrants be yssued from this Court to
each Towne, and delivered to the Towne deputies or mag-
istrates, that the law may be in force and duly executed
within thirty dayes, under the penaltie of the forfituer of
ten pounds.

It is ordered, that this clawes in the order concerninge
traininges, to witt, (after the Towne councill have caused
them to be supplied) is repealed.

It is ordered, that a messenger bee sent to Pumham,

and the other sachem, to requier them to come to this

MeBsengor. Qq^^^j-^ ^^^^^ ll^g^j. lettcrs bc scnt to Benedict Arnold and his

father, and the rest of Patuxit, aboute thear subjectinge

to this collonie.

It is ordered, that each Towne within this collonie shall
provide a prison in theare Towne, with a chimneye and

AND PROVIDENCE PLANTATIONS. 219

necessaries for any oflfender that shall be committed, with- 1649.
in nine months, upon the penaltie of the forfeituer of tenn ^"---^^-^-^
pounds ; and in the mean while it is ordered, that the
prison in Newport shall be the collonie prison, and Rich-
ard Knight, Generall Sarjeant, shall be the keeper of it.

It is ordered, that the bill presented by Mr. William M^.^^y^e'i
Dyre unto this present Courte for service done for the
State of Providence Plantations, be sighned unto Mr.
Jeremie Clarke, to be payed unto Mr. William Dyre, out
of the generall stock now in his hands.

It is ordered, that the suits presented unto this Assem-Mayas.
blie by Mr. William Dyre against Mr. William Codding- ^^rred.
ton, be deferred untill the Generall Courte of trialls to be
houlden for this collonie in October next at Portsmouth.

It is ordered, that the next Generall Courte of trialk
for this collonie in October next, shall be houlden at
Portsmouth.

It is ordered, that the next Generall Courte of Election^
and the Generall Courte of trials immediately to' follow in
May next, shall be houlden in Newport.

It is granted unto Mr. Roger Williams^ to have leave
to suffer a native, his hyered household servant, to kill
fowle for him in his piece at Narragansett about hi&
house.

It is granted unto Mr. Roger Williams to have leave to*
sell a little wine or stronge water to some natives in theare
sickness.

It is ordered, that the forme of the letters ordered to-
be sent to Pertuxit, and to Benedict Arnold, shall be by
the authoritie of tHs Court, and sealed by the Generall
Recorder.

It is ordered, that this present Assemblie be prorogued
untill the day before the Generall Courte to be houlden
at Portsmouth, in October next, unless the President
shall see cause to- call it sooner.

FINIS.-

RECORDS OF THE COLONY OF RHODE ISLAND y

Acts and Orders made at the Generall Courte of Election
held at Newport, Maij the 2od, (1650), /or the Colonie
of Providence Plantations.

It was voated, and by voate concluded, that a modera-
tor shall be chosen for this present day.

It is ordered, that the election shall be this present
day.

It is ordered, that he that is chosen President for this
next yeare ensewinge shall be Moderator tomorrowe,
and for a longer time as the Assemblie shall determine.

Mr. Nicholas Esson is chosen Moderator for this present
day.

It is ordered, that the letter read in the Assemblie, be
sent to Mr. Koger Williams, that according to the con-
tents theareof, he may informe the Sachem of the mynde
of the Courte therein ; and the message sent by worde
of mouth to reporte to the Sachem is of the same au-
thor! tie.

It is ordered, that this present election shall stande
and be authenticke, notwithstanding all obstructions
against it.

Mr. Nicholas Esson is chosen President for this yeare,
and engaged.

Mr. Wm. Field is chosen G. A. for Providence, and
engaged.

Mr. John Porter is chosen Gr. A. for Portsmouth,, and
engaged.

Mr. John Clarke is chosen G. A. for Newport, and
engaged.

Mr. John Wicks is chosen G. A. for Warwick,, and
engaged.

Philip Shearman is chosen General Recorder, and
engaged.

AND PROVIDENCE PLANTATIONS. 221

Richard Knight is chosen Gen'l Sarjant for the collo- 1650.
nie, and engaged. ^s-^p-v.-*.--

Mr. John Clarke is chosen General Treasurer, and en-
gaged.

It is voated and resolved, by this Generall Assemblie,
that whosoever absent himself, yet the committee that is fj'™^/''"'^"
chosen shall attende the business, and what is acted by
them, or the major parte of them, shall be of as full force,
as if the whole had remayned and enacted it.

It is ordered, that in case the committee shall fallcomitioneif.
shorte of six out of each Towne, that then they that ap- ""^ ^ "^"
peare from each Towne shall have libertie to choose and
make up their number.

It is ordered by this Assemblie, that if upon complainte

^ Comitiouers-

and due tryall of any member of the Generall Assemblie, '"'p*''"^^^
and he bee not founde a fitt member, that the Assemblie •

have powre to suspende him, and to choose another in his
roome.

It is ordered, that the third, fourth and fifth order made
by the committee at Portsmouth, March the 6th, 1648,
be of force for this present Assemblie, upon the penaltie of
forfeituer of sixpence for everie default.

It is ordered, that he that first stand up oncovered to . ■

speake, shall first speake ; and he that interrupt shall for-
feit sixpence.

It is ordered, that Captaine Richard Morris, ^^orge ^^^^^.^
Blisse, James Badcock, Peter Busserole, William Havens, ^"■'"^•
and Gabriel Hick, all excuses sett aparte, shall mende and
make all lockes, stockes and pieces that by order from the
warden of each Towne shall be from, any of the inhabitants
thearof presented to> them^. for just and suitable satisfac-
tion in hand payed, without delay, under the penaltie of
ten pounds, to be levied by distraint from the head officer
to the use of the sayd Towne 's militia.

It is ordered, that all men that have gunns and pieces <^unns t«
to mend, and have need to have them mended for their •■ "r
present defence, shall forthwith, according to order, carrie

Ryolt

Oiarke'a ac
'Compt.

XAwfull ap
ip«&rance.

222 RECORDS OF THE COLONY OF RHODE ISLAND,

1660. those pieces to mende, upon paine of forfeiting ten shil-
^^^-^^^ lings a piece, which shall be levied by distraint from the
head officer of the Towne to the use of the sayed Towne's
militia.

It is ordered, that the bills presented to this Courte
shall be put to particular committees to scann and give in
their result.

It is voated and concluded, that the bill commenced to
this Generall Courte of Tryalls aboute a ryot, was not le-
gally commenced against Patuxit men.

Mr. John Clarke returned his accompte into the Courte
for the yeare 1G49, that he [had] received nothing as
Treasurer, and therefore have nothing in his hande.

It is ordered, that the Recorder shall signe the warrants
that goe forthe out from the Courte.

It is ordered, that by lawfuU appearance to answer the
sute, is to be understood that the partie that is bound for
any man's lawfuU appearance, shall bringe in the partie
for whom he is bounde into the Courte, and committ him
to the Courte to which he is bounde, or else be liable to
the condemnation of the Courte.

It is ordered, that from henceforth noe sute in any
Courte of Justice within this jurisdiction, that is hearde,
judged^ and execution served thereon, such suite or action
shall not againe be rehearde in any Courte, either of
Towne, or of Generall Courte of Tryalls within this
Colonie.

It is ordered, by the authoritie of this present Assera-
Bebearing. ^ij^^ ^^^t if any porsou will have his cause, action or sute
reheard in the Generall Courte, having been heard and
judged in a particular Courte, shewing defect in some sub-
stantiall matter, error, or attain te, the judgment shall be
stayed, and the person desiring the hearing, shall pay pres-
ently ten shillings to the Courte to help to defray the charg-
es and costs of the Courte, and soe shall have his libertie.

Also, if any person shall in the Generall Courte of
Tryals desire a rehearinge, it is ©rdered, that he shall pay

>8iut«is not
t«be re-

'Beheaaing
ivOenerall
OMile.

AND PROVIDENCE PLANTATIONS. 223

twenty shillings to the State, and cost of the Courte as 1650.
aforesayed for the Courte's use. Provided, that upon "-'"^'"^^
paying the sayed cost and mult, the person sueing the ap-
peale or rehearinge of the cause in any Courte, be bound
in sufficient recognizance to the partie sued, to prosecute
at the next Courte insuinge, or he shall forfeit his bond ;
and the judgment and execution formerly premised and
given, shall take its full force and virtue, accordinge to
rule of lav7.

It is determined by voate, that the Collonie hath pro- Need-ess t •
vided already a sufficient way for the tryinge and issuing
such causes ns is presented, and for the securing of so
much estate as may satisfie the plaintiffe, and therefore
needless to sequester the estate in controversie.

It is ordered, that the Generall Officer of each Towne ^Xb'.""'
shall have power to graunt a supercedent or removall of
sutes, the partie desiringe the sayd writt haveing per-
formed the law before in that case provided.

It is ordered, that the proportions allotted to the proviso for
Towne for a magazine for the present, and constant
Wpply, be equally layed upon the inhabitants of each
Towne by the councill thereof, according to each man's
strength and estate ; which being made known to every
man by theare Sarjeants, those that bringe in their pro-
portions to the Treasurer within twentie dayes, shall be
freed from the penaltie that the State hath imposed on
the Towne in case of default, and all the rest in generall,
and ech man in particular shall be liable to the penaltie
above sayed.

It is ordered by the authoritie of this present Assem- Magazine.
blie, that each Towne shall have in it a magazine for its
present and constant defence.

The Towne of Providence shall have in its magazine
one barrell of good powder, five hundred poundes of leade,
six pikes, and six muskets all in good case and fit for
service.

The Towne of Portsmouth shall have in its magazine

224 RECORDS OF THE COLONY OF RHODE ISLAND,

1650. two barrells of good powder, one thousand weight of
-^'-^''"'^^leade, twelve pikes and eighteen muskets, all in good
case and fit for service.

The Towne of Newport shall have in its magazine
three barrells of good powder, one thousand weight of
leade, twelve pikes and twentie foure muskets, all in
good case, and fit for service.

The Towne of Warwick shall have in its magazine one
barrell of good powder, five hundred weight of leade, six
pikes and six muskets, all in good case and fitt for ser-
vice ; and all thease magazines shall be thus compleately
furnished by the last day of the month called August next
ensuinge, under the penaltie of ten pounds sterling for
each default therein, upon sufficient information of the
default, by virtue of a warrant from under the Presidents
hande, the Generall Sarjeant shall take it by distraint
and forthwith returne it into the publicke Treasurie.

It is ordered, that in case a nihil dicit be taken in
Nihil (licit, any Courte, the Jury of that Courte shall make inquirie,
and execution shall goe forth, any lawe to the contrary
notwithstanding ; and this lawe to bee of force so soone
as this Generall Courte bee dissolved ; provided that for
the nihil dicifs that are taken in this present Courte, the
former law shall be of full force.

It is ordered by the authoritie of this present Assem-
blie, that whosoever shall present a pittition or bill unto
thease assemblies which conduce to their private advan-
tage, that then they shall lay downe six shillings and
eight pence, which shall be to defray the charges of this
Assemblie.

It is ordered, that there shall be such a honourable and
sutable closuer, with the Massachusetts in their proceed-
ings, they being so substantially proved to bee legal and
^jnnmt-8 j^^^^^^ ^^^ ^^ grauut fortli from this Courte, execution upon
the Goodes and chattels of Ralph Earle to the full value
of the debt, and to discharge Munnings : Neverthelesse
provided, that this debt thus levied, shall not be delivered

AND PROVIDENCE PLANTATIONS. 225

m the handes of the creditor untill a letter be sent from 1647.
the Generall Officers of this Collonie unto the Magistrates ^-*-^'-"*-'
of the Baye, that such sufficient discharges be given,
whearby Ralph Earle may bee in perpetuall rest and
quiett in respect of the debt, and Munnings satisfied.

It is ordered, that forasmuch as all Bondes for apear-
ance to this present Courte to answer the sutes, that those ^o°nunue°
bondes specified are made to the Courte in May, if those
sutes be not trycd in May, those bondes shal be of full
force in every respect unto the end of this Courte, as if
they had been tryed in May.

It is ordered, that the next Generall Courte of try alls
for this collonie shall be houlden at Portsmouth.

It is ordered, that the next Generall Courte of Election
shall be houlden at Portsmouth.

It is ordered, that Pessicus shall have libertie to gett so
many chesnutt ryens upon the common of the Island as
may cover him a wigwam ; provided, he take John
Greene with him, that no wrong may bee done to any
particular person upon the Island.

It is ordered by this Courte, to apoynt an Atturney ^^^^^^^y
Generall for the Colonic, as also a Solicitor. That the
Atturney Generall shall have full power to impleade any
transgresssion of the lawe of this State in any Courte of
this State ; but especially to bringe all such matters of
penall lawes to try all of the Generall Courte of Try alls, as
also for the tryall of the officere in the State at the Gen- 1;^;^^;^^" ^'-
erall Assemblies, and to impleade in the full power and
authoritie of the free people of this State, their preroga-
tives and liberties ; and because envy, the cut throat of
all prosperitie will not faile to gallop with its full careere,
let the sayed Atturney be faithfully ingaged and author-
ized and encouraged. Engaged for the people, by, or in
the peoples name, and with their full authoritie assisted ;
authorized, that upon information of transgressions or
transgressors of the lawes, prerogatives and liberties of
the people, and their penall lawes, he shall under hand

.Generall So-
licitor.

226 RECORDS OF THE COLONY OF RHODE ISLAND,

1650. and seale take forth summons from the President or Gen-
'-*''^'"^^ erall Assistants, to command any delinquent, or vehe-
mently suspected of delinquencie in what kind soever
accordinge to the premises, to appeare at the Generall
Courte, if it be thereto belonginge, or to the Generall
Assemblie in those matters proper thereunto ; and if any
refuse to apeare at that mandamus in the State of Eng-
land's name and the free people of this State, he shal be
judged guiltie, and so proceeded with according to fine
or penaltie.

It is ordered, that the Solicitor shall prepare all such
complaintes to the Atturnies hand, not hindering any au-
thoritie of the Atturnie by oration presented in the So-
licitor's absence if he please.

It is ordered, that if in case of prohibitions (as concern-
ing gunnes, powder, lead, &c.) : it being proved that such
and such, or any one had a gunn, &c. ; or the Solicitor
bona fide, in his owne knowledg, doe knowe and can
sware, &c. ; that such a one was posest of a gunn, &c.,
as his owne proper goods, and upon demand of the
Solicitor cannot produce, or will not give a good account
what is become of it, before one or two persons or the At-
turney, he shall be judged guiltie of breach of the lawe,
and to be accordingly dealt withall ; and that the lawe
shall extend to enquirie especially of gunnes and other
prohibitions, as powder, shott, leade, wine or liquors that
hath been marchandized or convayed away to the Indians
since the lawe made in that respect.

Mr. William Dyre is deputed Generall Atturney for the
Colonic, and ingaged.

Hugh Buit is deputed Generall Solicitor, and In-
gaged.
Triming. It is ordered, that each Towne shall order its owne mi-
litia, any lawes or clawses in any lawe formerly made,
notwithstandinge.

It is ordered, that the Generall Recorder shall have five
shillings for ech coppies of the orders of the Courte hould-

AND PROVIDENCE PLANTATIONS. 227

en at Warwick, payed unto him by ech Towne ; and ten 1650.
shillings for ech coppie of the orders of this present ^-^"^'"^•'
Courte, to be payed upon the deliverie of ech coppie to
ech Towne.

It is ordered, that the council! of ech Towne be in-Mr.wii-

' liams' Debt

joyned forthwith to proportion Mr. V/illiams that debt and
other summes apoynted thereto, according to every man's
strength and state ; which summes being made knowne to
every inhabitant thereof, they that bringe in their propor-
tions within twentie dayes after notice is given, shall be
free from that penaltie ; and the rest in Generall, and ech
man in particular shall be lyable to the penaltie of the for-
feituer of ten pounds ; which summes shall be forthwith
taken by destraint by a warrant from the chiefe officer of
the Towne, and the penaltie also in case he resist him,
and in case the Councell refuse to make such a rate or
levie, that then they shall forfeit fortie pounds.

It is ordered, that if [there is] any poore man amongst J'^™ ^***
us, not worth five pounds, the Towne Councell shall au-
thorize the sayd poore man by a speciall signification to
the office whither the sayd poor man shall resorte, and
proceede under the title of form a pauperis.

It is ordered, that whatever actes have paste in anywegaiAct*
Courte formerly illegally, are by the authoritie of this
present Courte nullified.

It is ordered, that if any man shall damnific a man, and Attachmont
the man live in another collonie, and yet hath an estate
here, that estate is responsible for all such damage by at-
tachment in any particulai Courte, or in the GeneraU
Courte, any law notwithstandinge.

It is ordered, that no Magistrate shall take any testimo- Testimony

° to be taken

ny but what shall be by their owne hande written ; and J'^^^^g^'^sis
that no evidence of another man's writing shall be signed
for a testimony under a magistrate's hande.

It is ordered, that he that shall be molested by an un- ynj"f? "^o-

, ' •' lestation.

just indictment, the partie that hath sworne the sayd in-
dictmentj if his oath prove not to be true, the partie

228

RECORDS OF THE COLONY OF RHODE ISLAND,

1650. greeved shall recover his costs and sufficient damages by
'-^"''"^^an action of the case, and the partie so ofFendinge shall
be punished bj sitting in the stockes six owers, or pay
twentie shillings to the the Courte to which it belonge.

It is ordered, that a committee of six men of ech
Towne shall be chosen out of ech Towne to meet foure
dayes before the next Generall Courte, and to have the
full power of the Generall Assemblie, and ech committee
man to be allowed two shillings and sixpence per man a
day by the Towne that chose them ; also the like wages
for this Generall Assemblie.
ZsgvLf Be it enacted by this present Assemblie, that whosoever
stat°.^ shall speake wordes of disgrace contemptuously under-
valuing of that Honored State of England, he shall suffer
a severe punishment according to the judgment of his
peers, theare fault being proved by tw^o lawfull wit-
nesses.

FFINIS.

Acts and orders made at the Sessions of Generall Assembly
the 2Qth off October, Anno. 1650, by the Representatives
for (hat service elected.

Whereas, by the powre of the last Generall Assemblie
for election, held at Newport in May last, where, by au-
thority, an act was then established, that the Representa-
tive Committee should have the full powre of y^ Generall
Assembly ; and who, when being lawfully mett, and or-
derly managed, did toward the latter end of that sessions,
enact and give order for a new election of another repre-

AND PROVIDENCE PLANTATIONS. 229

sentative, to assemble and sit with the like authoritie in 1650.
October following ; the which being accordingly now as- ^-^'•v-*.*^
sembled and orderly managed, do by the authority and
powre of the said ordinance, in the name and powre of
the free people of this State, enact these lawes fol-
lowing.

It is ordered, that from henceforth the representative
committee being assembled and having enacted law or
lawes, the sayd lawes shall be returned within six
dayes after the breaking up or adjournment of that As-
semblie ; and then within three dayes after, the chiefe of-
ficer of the Towne shall call the Towne to the hearing of
the lawes so made ; and if any freeman shall mislike any
law then made, they shall then send their votes with their
names fixed thereto vnto the Generall Recorder within
tenn dayes after the reading of thoss lawes and no longer.
And if itt appeare that the major vote within that time
prefixed shall come in and declare itt to be a nullity,
then shall the Recorder signifie it to y* President, and the
President shall forthwith signifie to y° Townes that such
or such lawes is a null, and the silence to the rest shall be
taken for approbation and confirmation of the lawes made ;
and it is ordered further, that the eleventh lawe made
at Portsmouth, May 20, 21, 1647, is repealed.

Representative Court.

Ordered, that the representative committee for the
Colonic shall alway consist of six discreet, able men, and
chosen out of each Towne for the transacting of the af-
faires of the Commonwealth ; and being mett, they shall
have powre to make and establish rules and penalties for
the ordering of themselves during their sessions.

Banishment.

Ordered, that no person within this Colonic shall at any

230 RECORDS OF THE COLONY OF RHODE ISLAND,

1650. time be banished therefrom [by] any law or clawse thereof
'-^"^'"^^ formerly made, notwithstanding.

Arrest of Strangers.

Ordered, that it shall be lawfull for any stranger to ar-
rest any person or persons in the Towne wher he can ap-
prehend him, and that they shall be tryed in the Towne
wher they are arressted (whether by a purchased Courte
or a Courte of the orderly times) ; provided, that y^ de-
fendant have libertie of a supersedious, which benefit, if
he take, then shall he putt in sufficient securitie to pay
all charges of the Gen'l. But if it be the plaintiff, and
being not an inhabitant of the Colonic, and desireth a
writt to the Generall Courte for any stranger that he ar-
resteth ; then shall the said plaintiff putt in sufficient se-
curity to him of whom he hath his writt of, to defray all
charges of the Gen'l. Provided, also, that if the partie
plaintiff and defendant shall desire a purchased Courte in
the Towne, then he or they shall lay down so much money
as will defray the charges thereof, and so shall have a le-
gall tryall ; Provided, also, that when judgment and exe-
cution is served, his body (where goods is not to be
levied for satisfaction) being taken and imprisoned, and
the recoverer shall desire to have it so ; then shall the
same order be taken with him as is with a poore debtor ;
provided, that the officer that takes security for the prem-
ises, it shall be sufficient, or else he shall be liable to pay
it himselfe ; and that the officer shall have powre to sub-
poena in the case ; and also that the Generall Sarj't shall
have powre to levie the execution in the cause so issued*

Ordered, that from henceforth if any plaintiff lett fall
his suite after an arrest, yett not compleatly issued by
law, it being proved to the Court when itt is sett ; that
the said Court then shall signe the bill of costs without
further trouble. If not paid, execution shall be granted
for the recovery of the said costs so proved.

AND PROVIDENCE PLANTATIONS.

Divorce.

Ordered, that no bill of divorce shall stand legall in
this Colony butt that which is sued for, by the partie
grieved, and not to be by law conferred for any other
case but that of Adulterie ; and that to be proved by the
partie grieved, eyther by the man against the woman, or
the woman against the man ; and that neither partie shall
procure devorce by accusing themselves of the same fact,
except the contrarie partie be greeved, and sue to y^
Generall Assemblie for divorce ; then it being so granted,
each partie shall be [as] free from each other as they
were before they came together.

Ordered, that no act shall be in force in this present
Assembly, nor any ether of this kind, except there be
thirteen agreeing in the voate.

Ordered, that a letter be sent to Mr. Williams to
capitulate about his going to England ; and it is ordered,
also, that the State is willing to pay the hundred pound
that is dew to him, and a hundred pound more ; and if
he refuse, Mr. Baulston, Mr. Jo. Clarke and Mr. Warner
are nominated, for two of them may goe.

Ordered, that when goods or cattle are taken upon
execution, they shall be prized by two indifferent men, (if
they cannot agree they shall chuse a third,) as the Sar-
jant shall require, upon forfeiture of ten shillings a peece
to y^ State Treasury if they refuse, and to be allowed
twelve pence a peece for their paines. If they prize too
high, the goods or cattle shall be turned on the prizers
hands. If too low, the partie cast shall have libertie of
six dayes to redeem them, paying y* charges. And the
Serjant shall returne the writt the first day of the next
Courte ensuing ; and goods or cattle so taken shall be
delivered to him or his attorney. The forfeiture shall be

232 RECORDS OF THE COLONY OF RHODE ISLAND,

1650. levied by a distringas from y*" Generall Officer of that
^-'"^"^^'Towne.

Ordered, that if any person shall misbehave eyther
rudely or contemptuously in a Courte of Justice, the
Judges of the Courte shall committ him to y^ stocks or
pay five shillings : the jury present first finding him
guiltie.

Ordered, that Ralph Earle making to appeare \17hat is
dew to him for the committee, when y" Charter first
came, and demanding of y'' Towne what is their propor-
tion ; if the Towne pay him not within six weekes after
intelligence he shall have his action against that Towne.

Ordered, that all lawes concerning testimonies shall
be of force. And it is further agreed that all witnesses
that may conveniently be had, shall appeare viva voce at
y" Courtes ; and if he appeare in person, the affedavitt
shall be nothing (if formerly there be one taken) ; And
further it is ordered, that if there are any that can give
any substantiall witness or testimonie and shall refuse to
attend the subpoena ; and proved against him, he shall
forfeit five pounds ; further, it is agreed, that y^ General
Recorder shall take in writting all testimonies' given in
Courte and file them.

Ordered, that any Generall Officer or Recorder shall
have powre to grant forth writts of subpoenas ; by au-
thority whereof, the partie witnessing shall come to y^
Magistrate or to the Courte, and give in their testimony,
and that any man may serve a subpoena.

Ordered, the Clarke is to have two shillings and six
pence a copy.

WILLIAM DYRE, Clerk Ass.

AND PROVIDENCE PLANTATIONS.

Acts and orders made at the Generall Sessions of the
Committee at Providence^ the ith of November, 1651.

Whereas, it is evident and apparent that Mr. Nicholas
Easton being formerly chosen President of the Province of
Providence Plantations, hath of late deserted his office,
and hee, together with the two Townes upon Rhode
Island, viz. Portsmouth and Newport, have declined and
fallen off from that established order of civill government
and incorporation amongst us, by meanes of a commission
presented upon the sayd Island by Mr. William Codding-
ton, Wee, the rest of the Townes of the sayd jurisdiction,
are thereupon constrained to declare ourselves, that wee
doe professe ourselves unanimously to stand imbodyyed
and incorporated as before, by virtue of our Charter,
granted unto us by that Honourable State of Ould Eng-
land, and thereby doe according to our legall and settled
order, choose and appoint our officers, institute lawes, ac-
cordinge to the constitution of the place and capassitie of
our present condition, prosecutinge, actinge and execut-
inge, in all matters and causes, for the doinge of justice,
preservation of our peace, and maintaininge of all civill
rights between man and man, accordinge to the Honoura-
ble authoritie and true intent of our foresayed Charter
granted unto us.

[The towns of Providence and Warwick appointed Mr. Williams
their agent to go to England; and solicit a confirmation of their charter
privileges. In the mean time, Plymouth and Massachusetts renewed
their dispute before the commissioners of the United Colonies about
Warwick. In September, Plymouth was advised to take possession of
that plantation by force, unless the inhabitants would willingly submit
themselves to their jurisdiction. This undoubtedly hastened the ap-
pointment of an agent to England. The proceedings of Mr. Coddington

234 RECORDS OP THE COLONY OF RHODE ISLAND,

1651. 'were not approved by all the inhabitants of the islands over which he was
■_0~ ^-^_- appointed Governor. Forty-one of the inhabitants of Portsmouth, and
sixty-five of the inhabitants of Newport joined in requesting Dr. John
Clark, of Newport, to proceed to England as their agent, and solicit a
repeal of his commission. Mr. Williams and Mr. Clark sailed together
from Boston, in November. The objects of their respective missions
were different. Mr. Clark was the sole agent of the island towns, to
procure a repeal of Mr. Coddington's commission. Mr. W illiams was
the sole agent of Providence and Warwick, to procure a new charter for
these two towns. It seems to have been admitted that the commission of
Mr. Coddington had, in effect, vacated the previous charter. — Staples^
Annals, p. 82.

From Pau'uxit, this first day of the 1th mo. 1651.

Much honoured,

I thought it my dutie to give intelligence unto the much honoured
Court of that which I understand is now working here in these partes.
So <hat if it be the will of God, an evill may be prevented before it come
to too great a head, viz.

Whereas, Mr. Coddington have gotten a charter of Road Hand and
Conimacuke Hand to himselfe, he have thereby broken the force of their
ch&rter that went under the name of Providence, because he have gotten
away the greater parte of that colonic.

Now these company of the Gortonists that live at Showomut, and that
company of Providence are gathering of £200 to send Mr. Roger Wil-
liams unto the Parlyament to get them a charter of these partes, they of
Showomut have given £100 already, and there be some men of Provi-
dence that have given £10 and £20 a man to helpe it forward with
specde, they saye here is a faire inlett, and I heare they have said, that
if the Parlyament doe take displeasure against Massachusett, or the rest
of the colonies, as they have do:ie against Barbadas and other places, then
this will serve for an inroade to lett in forces to over-rune the whole
country.

It is great petie and very unfitt that such a company as these are, they
all stand professed enemies against all the united colonies, that they
should get a charter for so smalc a quantity of land as lyeth in and about
Providence, Showomut, Pautuxit and Coicett, all which now Roade Hand
is taken out from it, it is but a strape of land lying in betweene the col-
onies of Massachusits, Plymouth and Conitaquot, by which means, if
they should get them a charter, off it there may come some mischiefe and
trouble upon the whole country if their project be not prevented in time,
for under the pretence of liberty of conscience about these partes there
comes to live all the scume the runne awayes of the country, which in
tyme for want of better order may bring a heavy burthen upon the land,
&c. This I humbly commend unto the serious consideration of the
much honored court, and rest your humble servant to command.

WILLIAM ARNOLD,

AND PROVIDENCE PLANTATIONS. 235

They are making hast to send Mr. Williams away. 1651.

We that lieve heere neere them and doe know the place and hear their
wordes and doe take notice of their proceeding doe know more and can
speake more of what evill may come to the country by their meanes,
then the court do yet consider off : We humblie desire God their pur-
pose may be frusterated for the country's peace.

I humblie desire my name may be conceled, lest they hearing of what I
have herein written they will be enraged against me, and so will re-
venge themselves upon me.

Some of them of Showomut that crycth out much against them which
putteth people to death for witches ; for say they tliere be no other
witches upon earth nor devils, but your own pastors and ministers and
such as they are, &c,

I understand that there liveth a man amongst them that broke prison
either at Conitaquit, or New^-Haveu, he was apprehended for adultery,
the woman I heare was put to death, but the man is kept here in safe-
tie in the midest of the united colonies ; it is time there were some
better order taken for these partes, &c.

I have hired this messenger on purpose. I humblie desire to heare if this
letter come safe to your hanAs.j—Hazard's Slate Papers, p. 555.

Providence, the 4th of November, 1651.
The Commissioners of Warwicke and Providence being
mett.

Robert Williams,

Providence Committee. <

Thomas Harris,
Hugh Bewit,
William Wickenden,
Thomas Olney,
Grregorie Dexter.

Mr. Samuel Gorton,
Mr. John Weekes,

Warwick Committee. <[ ^^^^ ^^^^^^' ^^^^^^^
Mr. John Smith,

Mr. Robert Potter,

Stukely Wascote.

236 RECORDS OF THE COLONY OF RHODE ISLAND,

1651. Ordered, That Mr. Gorton is moderator of this iVs-

-*"^'"'*-'sembUe.

Ordered, That Mr. John Greene, Jr., is Chirke of this

AssembUe.

Ordered ; That the lawe makinge Assemblie of this
Collonie shall consiste of six men of every Towne of this
CoUonie ; and that these six men of every Towne, shall
be chosen by the free inhabitants of every severall Towne,
and the major vote of this Assemblie shall acte in mak-
ing lawes ; and in case there be not a full apearance,
the townsmen or men of the defective Towne or Townes
that apeare, shall make up their number by choosing in
the Towne where the Courte is kept, provided, they are
freemen of the Collony.

Ordered ; That a letter be drawn up and sent to Mr.
Philip Sherman, late Recorder of this Collony, to demand
the records belonging to the Collonie.

Ordered ; That every committee man attendinge the
Court shall have three shillings per day of their Towne ;
and every man of the committee not attendinge the
Townes service shall forfeit the like out of his owne purse,
for payment of those that attend in their roome ; and in
case it be not payed upon demand to the Generall Sar-
jeant, or his assighnes, then it is to bee taken by dis-
tresse, and the common fees also, and soe the Serjeant is
to pay the men. But in case the Towne be satisfied by
his apollogie, then shall they pay him againe ; and a note
under the Secretaries hand mentioninge the absent par-
ties, shall bee a sufficient warrant for the Generall Sar-
jeant to distrayn.

Ordered ; That no purchase shall be made of any Land
of y*" natives for a plantation without the consent of this
State, except it bee for the clearinge of the Indians from
some particular plantations already sett down upon ; and
if any shall so purchase, they shall forfeit the Land so
purchased to the Collonie, as also the President is to grant
forth prohibition against any that shall purchase as afore-
sayd.

AND PRO^^DENCE PLANTATIONS. 23*)

Ordered ; That in nil causes pending in any Court of this 1651.
Collonie, the progresse of lawe shall be after this order, ^-^-v-—"^
Neither plaintiffe nor defendant shall have above one de-
mur at their owne libertie ; nor that, except hee that de-
sires it will lay downe the cost of the present Courte, and
wait for the cominge of it in, while the cause be issued.
If hee demur not before the jury bee pannelled, the jury
shall receive their pay, whether they goe upon the cause
or no. Also, if he demur not before the jury bee gone
forth, it shall bee at the discretion of the bench, whether
he shall demur or no ; and though the bench graunt him
his demur, they shall make him pay the charge of the pres-
ent Court out of his own purse. After verdict given, there
shall be no demur, but there shall be ten dayes libertie
before execution be served, for a review in the same
Court, or an appeale to the Generall Court ; and if he re-
view in the same Court, he shall also have ten dayes lib-
ertie for appeale to the Generall Court ; and for demurs
in the Generall Courte the like libertie as aforesayd, and
one review at the discretion of the bench. But upon all
reviews, the charge of the whole suite shall be out of a
man's owne purse, onely the execution of the principal
shall be stayed, and no demur upon review to be granted
in any Court. And if havinge had one demur, he shall
desire a second in any Court, and the bench in that Court
judge his desire reasonable, they shall have libertie to
grant him a second demur, payinge presently as afore-
sayd, upon reviews all the cost and charge out of his
owne purse ; and such cost never to be charged upon any
other, neither in demurs nor reviewes.

Ordered ; That all causes shall be tryed in the first
place in the Towne Courte, all former lawes notwithstand-
iuge, except these foUowinge, which shall properhe be-
longe to the Generall Court of trialls, videlicet, if a person
or persons bee accused of willful murder, or malitiously
dismembringe any person, or charged with rape, or bug-
gerie, or takinge away life, or dismembringe.

238 RECORDS OF THE COLONY OF RHODE ISLAND,

1651. Ordered ; That in causes of presentments that aper-
-^"^-^*-' tains unto the Generall Court of Tryalls, the partie what-
soever he bee, if on the grand inquest shall fixe his name
to his bill presented.

Ordered ; That this be added to the lawe concerning
the Generoll Sarjeants office, that if hee wilfully neglect
the prosecuting of any warrant belonging to him, he shall
forfeit to the partie wronged what dammadge he is at
thereby, any lawe to the contrary notwithstandinge ;
Likewise he shall have power to make any man hee can
get his deputy, being ingadged, and that hee shall be lia-
ble to no arrest, but only summons, and the point of im-
prisonment is left to the Serjeant's discretion untill further
notice.

Ordered ; That the President, with the consent of one
of the Assistants, shall have power to call a Generall
Court of Committee and appoint a place and time, at
their discretion.

Ordered ; That the next Court of election in May, bee
held at Warwicke, as also the Court of Tryalls, accordinge
to former order.

Ordered, that in case any person bee legally prosecuted
against in any Towne, execution beinge granted, the Gener-
all Sarjeant receives from the Court where the cause was
tryed, power to serve the execution, he may serve it in any
vacant part of the Collonie, or any corporation, except
the Court of that Towne prohibit him in the limits there-
of; yet his execution shall stand good elsewhere; and in
case the partie think himselfe wronged by the prohibition,
hee shall have redresse by a Court of Commissioners.

Ordered ; That the Clarke shall write forth the orders,
-and send them to each Towne, and they shall pay him five
shillings for his paines.

A true copy, by mee,

JOHN GREENE, Junior,

Clarke of the Assembly.

AND PROVIDENCE PLANTATIONS.

At the Assembly Generall, of Providence Plantations,
this 25th of February, 1652, associated at Patuxit.

The names of Providence
Commissioners.

'WilUam Wickenden,
Gregorie Dexter,
Hugh Bewitt,
Thomas Harris,
Thomas Angell,

^ Henry Browne.

The names of Y7arwicke
Commissioners.

Ezekiel HoUiman,
Stukely Wascote,
John Townsend,
Richard Townsend,
Walter Todd,
John Greene, Jun'r

Ordered, that Mr. Gregorie Dexter is Moderator of the
Assembly for the present day.

Ordered, that John Greene, Generall Recorder, is chos-
en Clarke of the Assembly.

Ordered, to adjourn for half an houre. The Court
being sett.

Ordered, that the Recorder shall transcribe and sighne
the letter which is drawn forth to bee sent to the
Island.

It is ordered, that two of the Commissioners from each
Towne bee chosen as messengers to carry the sayd letter
(namely, Gregorie Dexter, Hugh Bewitt, Stukely Was-
cote, and John Townsend) now drawn forth by the Com-
missioners in answer to the letter sent to the Townes, sub-
scribed by John Sanford, William Baulstoue, William Jef-
fery, and John Porter ; and those four messengers are to
present this letter to the view of two at the least of the sayd

240 RECORDS OF THE COLONY OF RHODE ISLAND,

1652, gentlemen, or give notice to some other of tliem to whicli of
^-*'^-'"**^' them they have delivered it ; and farther, that these foure
messengers shall have libertye to consult and advise with
those foure abovesayd men, or any of them accordinge to
their wisdomes for the peace and welfare of the Collony.
And after the returne of these messengers aforesayed,
if they shall see cause for the meetinge of the aforesayed
Commissioners, they shall apoint both time and place,
and informe the Recorder thereof; And the sayed Re-
corder is authorized by vertue hereof to give notice to the
Commissioners abovesayd of time and place. And further,
in case the sayd Recorder shall receave any thinge from
the two Townes of the Island, or their Commissioners,
hee shall forthwith give notice thereof to the Commission-
ers of both these Townes. And so the Court is adjourned
for the present, untill further notice as aforesayed.
By the Court,
JOHN GREENE, Recorder.

March if first, 1652.

An Assemblie of y'' Colonie at Portsmouth, to heare
and receive y" orders from y"" right Honourable y*" Councill
of State.

Mr. Nicholas Eastou, chosen Moderator.

The orders weare read, and Mr. Holland his letter.

Ordered, by y*" present Assemblie, that all officers that
were in place when Mr. Coddington's Commission ob-
structed, should stand in these places, to act accordinge to
their former Commissions upon y" Island ; and y'' rest in
y^ Collonie accordinge as they had beene annually chosen,
vntill a new election according to former order. The

AND PROVIDENCE PLANTATIONS.

241

election to be held the first Tuesday after y^ 15th of 1652.
May; and according to y*" Councill's order (viz.), that ^-«»-.-^
we are to act by any order given by act of Parlement.

The orders of y" Counsell of State are delivered into y*
hands of Mr. Nicho. Easton, till further order.

Acts and Orders made at the Generall Court of Eelection
held at Warwick this ISth of May, anno. 1652.

The Commissioners of Providence and Warwicke being
lawfully mett and sett.

Namely, Providence
Commissioners.

Mr. Robert Williams,
Mr. Gregorie Dexter,
Richard Waterman,
Thomas Harris,
William Wickenden,
Iluffh Bewitt.

Warwicke
Commissioners.

Mr. Samuel Gorton,
Mr. John Weekes,
Mr. John Smith,
Mr. Randall Houlden,
Mr. John Greene, Senior.
Mr. Ezekiel Holliman.

It is ordered, that Mr. Samuel Gorton is chosen moder-
ator for the committee for this present day.

It is ordered, that the Court of Committee bee ad-
journed while two of the clocke in the afternoon ; in the
meantime the election to proceed.

The Courte of Election beinge begun, they have chosen
the President, Mr. Samuel Gorton, Moderator.

242 KECORDS OF THE COLONY OF RHODE ISLAND,

1652. Generall Officers chosen, namely.
^-^^'^^^ Mr. John Smith, President for y^^ Collonie.

Mr. Thomas Ohiey, Gen'l Assistant for Providence.

Mr. Samuel Gorton, Gen'l Assistant for Warwicke.

John Greene, Junior, General Recorder.

Mr. Randall Houlden, Treasurer.

Hugh Bewitt, Gen'l Sarjeant.

Ordered, that the Generall Recorder bee the Secretarie
for the committee, being now orderly mett.

Ordered, that whereas there is a lawe concerninge try-
inge of a person if hee consent ; it is further ordered,
that in case any person consent not, the bench shall de-
pute an Atturney to pleade in the parties behalfe in the
audience of the bench and jury ; and so the case shall
proceed immediately to triall, and no demur shall be in
this case, but by consent of the bench.

Ordered, Mr. John Smith is chosen Moderator for this
19th of May, 1652.

Ordered, that if any person shall sue out an appeale to
the Generall Courte of Trialles, there shall be no more
plea made, nor evidence given into the sayd Generall
Court than was in the particular Towne Courte where the
matter was first heard.

Ordered, that the President and Assistants, or any of
them, have power to summons any person throwout this
whole Collonie to any Generall Court whereunto the case
belongs, and to bind over by recognizance, whether the
partie consent or no ; and any person so bound, no mak-
inge over of estate shall be in force in any case to prevent
due execution of Justice. And the same course may be
taken for the bindinge to good behaviour or the like.

Ordered, that the discretion of the bench in any ac-
tionall case, either plaintive or defendant, may have two
of the jury putt off, and no more ; as also in criminal!*
causes that properly are annexed to the Generall Court of
Tryalls ; the delinquent may have libertie of peremptorie
challenge against halfe the jury, and no other challenge.

AND PROVIDENCE PLANTATIONS. 243

In the 18th kiwe that was made at the Generall Ses- 1652.
sions at Newport, May the 23d, 1650, it is ordered, that ^-^^--^-^
these wordes (and the judgment and execution, sc.) bee
thus altered (or else, and execution, sc).

Ordered, Whereas, we have in lawe that expresseth
that warrants in this Collonie sent forth by the officers
thereof, and to goe under the seale of his office, this present
Assemblie declares that the sighning of the sayd warrant
or summons, with the title of his office, is now declared to
bee the seale intended.

It is agreed, that the case of Priscilla Warner now de-
pending in the Generall Court of Trialls, shall there be
issued.

Whereas, there is a common course practised amongst
English men to buy negers, to that end they may have
them for service or slaves forever ; for the preventinge of
such practices among us, let it be ordered, that no blacke
mankind or white being forced by covenant bond, or oth-
erwise, to serve any man or his assighnes longer than ten
yeares, or untill they come to bee tv/entie four yeares of
age, if they bee taken in under fourteen, from the time
of their cominge within the liberties of this Collonie.
And at the end or terme of ten yeares to sett them free,
as the manner is with the English servants. And that
man that wiU not let them goe free, or shall sell them
away elsewhere, to that end that they may bee enslaved to
others for a long time, hee or they shall forfeit to the Col-
lonie forty pounds.

Ordered, that all Dutchmen, except inhabitants amongst
us, are prohibited to trade with the Indians in this Collo-
nie ; and in case they bee found to transgresse herein,
they shall forfeit to the Collonie, goods and vessell if
proved ; and this order to bee in force two months after
the date hereof; and if this case come to bee tryed, it
shall be tryed in the Generall Court of Tryalls.

The President, Mr. John Smith is chosen Moderator of
the Assembly this 20th of May, 1652.

244 RECORDS OF THE COLONY OF RHODE ISLAND,

1652. Ordered, that the President shall give notice to the
^-*^^'"*^ Dutch Governor of the Menadoes touching the lawe of
prohibition of trade with the Indians.

Ordered, that the Generall Sarjeant shall performe the
office of a waterbayley in and for the Generall afayres.

Ordered, that the Generall Recorder shall ingadge the
Generall Assistant elected for the Towne of Providence.

Ordered, that hereafter the Generall Court of Trialls,
which are to bee held in the month of May, shall begin
the third Tuesday after the day of election, all former
lawes notwithstandinge, except this next Court in May.

Ordered, that the Recorder being Clarke of the As-
sembly, shall send a coppie of these orders to each
Towne, and have six shillings, eight pence for his paines,
of each Towne.

Ordered, that the next Courte of Trialls in October, bee
at Providence, as also the next Court of Election bee held
at Providence, and the Court of Trialls succeedinge elec-
tion ; and that accordingly these courts shall bee by
turnes from henceforth in each Towne.

Ordered, that this next Court of Trialls in May now
apointed to be holden, shall be prorogued vntill the first of
June next ensuinge ; and both jury and all legall bonds,
and whatsoever matters doe by order belonge to the sayed
Court of May, shall belong to the next court of June,
the first, any former lawe to the contraric notwithstand-
inge. Neverthelesse, in case the Towne see fit, they
may have libertie to alter their jurymen, provided they
chuse others in their roome and returne them to the Re-
corder orderlie.

Ordered, that a coppie of this order bee sent to Provi-
dence speedilie, that they may take order accordingly.
By the Committee,

JOHN GREENE, Junior,

Secretarie.

AND PROVIDENCE PLANTATIONS.

At our Generall Assembly held at Providence, the 28th
of October, 1652.

Mr. John Smith chosen Moderator for the day.

Mr. Gregorie Dexter chosen Recorder for the Assembly

duringe sessions.

Providence
Commissioners.

' Robert Williams,
Richard Waterman,
Gregorie Dexter,
Thomas Hopkins,
James Ashton,
Thomas Harris.

For Warwicke.

Samuel Gorton,
John Smith,
Randall Houlden,
Robert Potter,
John Wickes,
John Greene.

John Smith moderator for this present day.

Ordered, that a Generall Savjeant bee chosen to suply
the place of Hugh Bewitt, [he] beinge absent duringe
this Assembly ; and that Samuel Bennet shall be the sayd
Sarjeant, and is engadged with full power to execute the
sayd office.

Ordered, that Thomas Olney, senior, shall bee Commis-
sioner to suply the place of John Greene, being absent,
being chosen according to order.

Ordered, that the jurymen bee dismissed from farther
attendinge, because there is no case depending for
try all.

It is ordered by this present Assembly, that no forin-

246 RECORDS OF THE COLONY OF RHODE ISLAND,

1652. ner, Dutch, French, or of any other nation, shall bee re-
^^^'''■^-' ceivecl as a free inhabitant in any of the Townes of our
Collonie, or to have any trade with the Indians, or In-
dians inhabitinge within our aforesayed Collonie, directly
or indirectly ; that is to say by themselves, or any one of
them, or by any other person whatever, but by the gen-
erall consent of our Collonie, orderly mett and manadged,
notwithstandinge any former order to the contrary.

Forasmuch as this present Assembly is informed that
some ill effected and rude persons within this Collonie are
apt to carry themselves A^icivilly in givinge out speeches
tendinge to the disparagement of others, by callinge them
out of their names, or otherwayes to villifie them ; yea, such
as are in place and office as others, which tends much to
the disparidgement, not only of the government heere es-
tablished, but also reflects upon the State and Common-
weale of England, our honorable protectors. It is enacted
therefore by this present Assembly, that whosoever uter-
eth such wordes as are to the disparidgement of another,
savoringe of malice or an imbittered spirit, shall bee ac-
tionable in every Towne of this Collonie ; and the
partie so speakinge, beinge lawfully convicted, shall bee
punishable accordinge to his fact in the judgment of his
peeres.

It is ordered, by this present Assemblie, that the letters
and orders apointed, shall bee sighned by the Generall Re-
corder ; and that they shall be transcribed, and the rest
which are two, are to be done within the space of five
dayes, and that hee shall have six shillings alowed for
writinge them.

It is also concluded, that John Greene, Generall Re-
corder is fined for his not atendinge the Court, neither as
Recorder or Commissioner, the sum of fifteene shillings.

It is ordered, that the Sarjeant chosen for this present
Assemblie is to have the pay which had been due to Mr.
Dexter, in case hee had atended the Court, because of his
neglect thereof.

AND PROVIDENCE PLANTATIONS.

Providence, the '2Wi of October, 1652.
Whereas, wee have been credibly informed that several
of our neighbours of Warvvicke have through misapprehen-
sion concluded (that these our lovinge neighbours chosen
by the Towne of Warwicke, legally summoned together)
are no lawfull committees to make lawes for this sayd
CoUonie, givinge out divers such speeches to the same
purpose, possessinge the mindes and breasts of people of
some hainous offence, and matters intended by the sayd
persons of Warwicke against our present State. And
whereas, there hath been a writinge sent to the neigh-
bours of Providence, vnder the hands of severall of the
inhabitants of Warwicke touching the premises, wherein
there is just cause of offence taken by this present commit-
tee, as judginge that the sayd wrightinge if strictly stood
vpon, is punctually against the maine of the lawes of this
CoUonie, although its probable most of the subscribers
thereunto did not so well understand the error as the
truth, is too apparent. This present committee, takinge
the premises into serious consideration, as well knowinge
if such practices bee maintained, or at the least winked
at, it would not only bee prejudistiall to oure poore estate,
to stir vp strife and contention amongst ourselves, but also
dishonourable to the State or Commonweale of England,
can do no lesse in the vindication of the honour of our
Governours aforesayd, but protest against that illegallitie
aforesayd, and afirme that the sayd persons of Warwicke
so chosen for committees, are true and lawfull commit-
tees, and this present Court a legall Court. Therefore
•wee doe rather desire, although wee might command that
the clamours of people might bee stopped touchinge any
legality aforesayed, but rather that unity and peace may
still bee preseved in our poore Collony. This being a

248 RECORDS OF THE COLONY OF RHODE ISLAND,

1652. true and kiwfall vindication as aforesayed, wee subscribed
-*^-^'»^ it by the hand of this present power.

Now followeth a true coppie of the letter formerly
spoken of.

[Mr. Roger Williams.]

Honored Sir :

Wee may not neglect any
oportunity to salute you in this your abscence, and have
not a little cause to bless God, who hath pleased to selecte
you to such a purpose, as wee doubt not will conduce to
the peace and safety of us all, as to make you once more
an instrument to impart and disclose our cause unto those
noble and grave Senatours our honourable protectors, in
whose eies God hath given you favour (as wee understand)
beyond our hopes, and moved the hearts of the wise to stir
on your behalfe. Wee give you hearty thanks for your
care and dilligence to watch all oportunityes to promote
our peace, for wee perceive your prudent and comprehen-
sive mind stirreth every stone to present it unto the build-
ers, to make firme the fabricke unto us, about which you
are imployed, labouringe to unweave such irregular de-
vises wrought by others amongst us, as have formerly
clothed us with so sad events, as the subjection of some
amongst us, bothe English and Indians to other jurisdic-
tions ; as also' to prevent such neere approach of our
neighbours upon our borders on the Nanhigansett side,
which might much anoy us, with your endeavours to fur-
nish us with such amunition as to looke ■ a forreigne
enemie in the face, beinge that the cruell begin to stirr in
these western partes, and to unite in one againe, such as
of late have had a seeminge separation in some respects,
to incouradge and strengthen our weake and enfeebled
boddy to performe its worke in these forreigne partes, to
the honour of such as take care, have been, and are so
tender of our good, though wee be vnworthy to bee had
in remembrance by persons of so noble place indued with

AND PROVIDENCE PLANTATIONS. 249

partes of so excellent, honourable and abundantly l)cnfi- 1652.
ciall use. ^-•-v-*^'

Sir, give us leave to intimate thus much ; that we
humbly conceive (so far as wee are able to understand,)
that if it bee the pleasure of our protectours to renew our
Charter for the restablishinge of our government, that it
might tend much to the weighinge of men's mindes, and
subjectinge of persons who have been refractory, to yield
themselves over, as unto a settled government, if it might
bee the pleasure of that honourable State to invest, apoint,
and impower yourselfe to come over as Governour of this
Collony for the space of one yeare, and so the Govern-
ment to bee honourably put upon this place, which might
seeme to add much weight forever hereafter in the con-
stant and successive deriguation of the same. Wee only
present it to your deliberate thoughts and consideration
with our hearty desires that your time of stay there for the
efectuall perfectinge and fmishinge of your so weighty af-
faires may not seeme tediouse, nor bee any discouradge-
ment unto you ; and rather than you should suffer fur loss
of time heare, or expence there, we are resolved to stretch
forth our hands at your returne beyond our strength for
your suply.

Your lovinge bedfellow is in health, and presents her
indeered affection. So are all your ffimily. Mr. Sayles,
also, and his, with the rest of your friends throwout the
Collony, who wish and desire earnestly to see your flice.
Sir, wee are yours, leavinge you unto the Lord, wee hear-
tily take our leave.

From this Generall Assembly of this Collony of Provi-
dence Plantations, assembled in the Towne of Providence,
the 28th of October, 1652.

JOHN GREENE,

Generall Recorder.

RECORDS OF THE COLONY OF RHODE ISLAND,

At the Generall Assembly of Providence Plantations,
this 20th of December, 1G52, assembled at Warwicke.

f Thomas Angell,

Henry Browne,

The names of the Providence J William Wickenden,

Commissioners. | G^i'egorie Dexter,

Hugh Bewitt,

James Ashton.

Warwicke
Commissioners.

Ezekiell Holliman,
Stukely Wascote,
John Townsend,
Richard Townsed,
Walter Todd,
John Greene, Jr.

Ordered, that Mr. Dexter is Moderator of the Assem-
bly for this present day. It is also ordered, that John
Greene, Generall Recorder, is chosen Clarke for the Gen-
erall Assembly, duringe Sessions.

Thomas Harris is chosen Commissioner in the roome of
James Ashton, being absent.

Ordered, that a few lines be drawn up and sent to the
President, as followeth.

Honoured Sir :

The Commissioners of Providence and Warwicke
being assembled together at Robert Potter's house (ac-
cording to your order) doe earnestly intreat that you will
be pleased to afford us your presence to informe us of
those weighty considerations invested in your warrant,

guiltie of
treasoD.

AND PROVIDENCE PLANTATIONS. 251

wee being assembled together as aforesayed, to advise and 1652.
order for the peace of this Collony. ^^^-^-^^

Dated this 20th day [of December].

By the Generall Assembly,

JOHN GREENE,

Recorder.

Ordered, that the Clarke of the Assembly shall reade
the writinges that are presented to the Assembly.

Whereas, the Honoured President of this CoUonie with Hugh Bew-
the Generall Assistant of Warwicke declare unto this As- '" '°"°^
sembly of Commissioners, that they have had in examina-
tion Hugh Bewitt, one of the Commissioners for Provi-
dence ; and farther declare that accordinge to their en-
gadgements have found him guiltie of treason against the
power and authoritie of the State of England ; and that
they might discharge the trust to them committed, have
presented him to this Generall Committee to bee dealt
with accordinge as they shall finde the nature of this fact.
Wee, the sayd Commissioners being assembled to advise
and order for the peace of this CoUonie, doe order that
Richard Townsend shall keep in safe custodie the boddy
of Hugh Bewitt prisoner, and bringe him before the com-
missioners to morrow morning, and there present him
about eight o'clock in the morning.

Ordered,, that wee adjourne and meet at the house of
Mr. Warner to-morrow morninge, about eight o'clocke in
the morninge.

252 RECORDS OF THE COLONY OF RHODE ISLAND,

1652.

'^^-v^'^ The 21st day of December.

Ordered, that Mr. Dexter is chosen Moderator for this
present day.

Ordered, that John Sweet being Town Seijeant shall
keepe in safe custodye the boddy of Hugh Bewitt prisoner
for this present day, and that the said Hugh Bewitt, pris-
oner, is not to depart the house or yard, without further
order.

Ordered, that Hugh Bewitt, prisoner, hath libertie to
goe to the ordinarie to dinner, with his keeper, and his
keeper is to returne him to the Assemblie in an howre
and halfe.

Ordered, that the Court is adjourned for an hower.

Ordered, that the General Recorder shall call forth all
witnesses and engadge them, and have power to grant
forth suppenas in all cases duringe this sessions.

Ordered, that John Greene, Richard Townsend and
Henry Browne, shall goe forthwith to the howse of John
"Weekes and take the testimony of Mary Weekes, the wife
of the sayd John Weekes ; as also the testimony of his
daughter, Mary Weekes, concerninge the case dependinge
betwixt the State and the prisoner, Hugh Bewitt, being
charged of hye treason, and the testimony es to bee taken
upon engadgement.

Ordered, that Hugh Bewitt, prisoner, is committed to
the custody of Richard Townsend, who is to present him
to-morrow, about eight of the clocke, in the morninge.

Ordered, that the Court is adjourned till to-morrow, at
eight a clocke in the morninge.

The 22d of December.

Ordered, that Mr. Gregorie Dexter is chosen Modera-
tor for y'' day.

Ordered, the Town Sarjeant is to take Hugh Bowitt,
prisoner, into his custody this present day.

AND PROVIDENCE PLANTATIONS. 253

Ordered, that those that arrested the boddy of Hugh 1652.
Bewitt, prisoner, shall present their warrant to this Court ^-'-"■'-'"*^
of Commissioners.

The Court is adjourned for an howre.

The Commissioners being mett, it is ordered, that a
Generall Sarjeant bee forthwith chosen and engadged to
atend upon the Court duringe sessions. It is also order-
ed, that Robert Wascote is the said General Sarjeant, and
is engadged.

Ordered, that Hugh Bewitt, prisoner, is alowed his at-
turneye, accordinge to la we.

That the due administration of justice be not hin-
dered.

Bee it enacted, that from henceforth no Generall con-
servator of the peace shall be arrested throwout this Col-
lony, in any case betwixt party and party, but summoned,
any lawe formerly notwithstandinge, and the summons to
bee as sufficient as an arrest.

Ordered, that the Court is adjourned while to-morrow
morninge at eight o'clock.

The 2Zd of December.

Ordered, that Mr. Gregorie Dexter is chosen Moderator
for this present day.

Ordered, that the Sarjeant shall forthwith bringe before
the committee the body of Hugh Bewitt, prisoner, who
stands areighned for treason against the power and au-
thoritie of the State, and the Commonwealth of England,
that hee may have the libertie of an English subject, to
make his answer to such testimonies as shall bee further
produced against him.

The Court is adjourned for an howre.

Warwicke, this 2Zd of December ^ 1652.
The declaration, judgment, or verdict of the Generall
Assemblye of Commissioners in the case dependinge be-

254 RECORDS OF THE COLONY OF RHODE ISLAND,

1652. twixt the State and Hugh Bewitt, prisoner, who is ar-
^-^^^^^^ raighnecl for treason.

Wee, the Commissioners of this Collonie of Provi-
dence plantations, in the Nanhigansett B?.y, in New
England, beinge chosen by the free people of the Col-
lonie aforesayd, to advise and order for the peace and
place apointed, being orderly assembled at the time and
safety thereof, by our honored President ; havinge
receaved a declaration or charge against Hugh Bew-
itt, one of the said commission, being presented unto
sayd Court of Commissioners by the sayd President
of the Collonie, and Generall Assistant of the Town
of Warwicke, wherein they declare as followeth :

That upon examination of the said Hugh Bewitt, wee
found him as wee judged according to our engadgement,
to bee guiltie of treason against the power and authoritie
of that honourable State and Commonwealth of England ;
and accordinge to the trust committed unto us, doe here
present him according to the law of this Collonie, to this
honored Assembly of Generall Committee, to bee farther
dealt with as they shall find the nature of his fact to re-
quire, as the lawe of our Collonie hath provided for in that
case. V/hereupon, we the sayd Generall Assembly of Com-
missioners, havinge heard all the witnesses that the sayd
President and Assistants could produce, together with all
the grounds and reasons that moved the sayd President
and Assistant so to judge of Hugh Bewitt, prisoner, as
aforesayd ; also, the sayd Commissioners having orderly
examined the sayd witnesses and prisoner aforementioned,
and moreover having examined and heard what the Com-
missioners of the Towne of Providence could say against
the sayd prisoner, beinge at the ban ; upon serious search,
and exacte weighinge of all the premises in the ballance
of the lawe, wee the sayd Generall Assembly cannot find
the sayd Hugh Bewitt, prisoner, to have done, or at-
tempted any grievous offence against the power and
authoritie of that honourable State, the Commonwealth of

AND PROVIDENCE PLANTATIONS. 255

England ; and therefore, we the sayd Commissioners, doe 1652.
declare him not guiltie of treason. v---^-**-'

By the Generall Court of Commissioners.

JOHN GREENE,

Recorder.

Ordered, that Hugh Bewitt, Commissioner, beinge
cleared, forthwith take his place in the Assembly.

The Court is adjourned while to-morrow morninge, at^^ ^^^^
eight o'clock. itt"lcqumed

The 2ith day of December.

Mr. Gregorie Dexter chosen moderator for this present
day.

"Whereas, there is a writing presented to this Assembly
intituled the humble apeale of the chiefe officers of the
province of Providence Plantations, from the court of gen-
erall committee, et cetera ; Before the sayd officers are
called to an account, wee, the Commissioners aforesayd,
with respect to the sayd wrightinge doe declare, that
when that honored State, the Commonwealth of England,
or councill of State, shall signifie to this Collonie their
pleasures, wee shall readilie yield obedience thereunto.

Ordered, that whosoever shall, without order, deface or
plucke downe any lawe or order fixed by order of Court
in any place in this Collonie, hee or they shall forfeit
twentie shillings ; halfe to the complaynor, and halfe to
the treasurie whereunto it belongs.

Ordered, that it shall bee lawfull for any member of
the Court of Commissioners to enter their protest against
any judgment or verdict passed amongst them, the man or
men so protestinge, presently paying two shillings six
pence to the Recorder ; and the like libertie for any
judge of record in the Generall Court of tryalls.

Furthermore, upon the presentinge of any sentence or
judgment of the Generall Assembly to the Towne or
Townes, that it shall be lawfull then for any freeman

266 RECORDS OF THE COLONY OF RHODE ISLAND,

1652. there to have the like libertie of protest as is abovesayd,
""■^'"'''"^^ payinge presentlie two shillings sixpence to the Town
Clarke.

Ordered, that no Commissioner in this Collonie shall
bee arrested in any case betwixt party and party, but
summoned as in the case of Generall conservators of the
peace.

Ordered, by this present Assembly, that all men of
what nation soever they bee, that are or shall bee here-
after receaved inhabitants within any of the Townes in
this Collonie shall have equall libertie to buy, sell or
trade amongst us as well as any Englishman, any lawe
or order to the contrary notwithstandinge.

Whereas, there was a letter sent to Mr. Roger Wil-
liams subscribed from the Generall Assembly of this Col-
lony, bearinge date the 28th of October, 1652 ; Wee the
Commissioners of Providence Plantations assembled in
Generall Court to advise and order for the peace and
safety of this Collonie, according to the trust committed
to us, cannot but take notice of severall complaints
against particulars therein conteyned, contrarie to the
liberties and freedom of the free people of this Collony,
and contrarie to the end for which the sayd Roger Wil-
liams was sent, and therefore doe declare against the
same.

Ordered, that the bill presented by our honoured Presi-
dent for sufficient satisfaction for officers in the Collony,
shall be referred untill the next settinge of this Court of
Commissioners.

Ordered, that the Clarke of this Assembly shall speedi-
ly draw forth the acts and orders of this Court, and send
them to the Townes, and that hee shall have five shillings
of each Towne for his paines.

The Court is adjourned while to-morrow morninge at
nine o'clocke.

AND PROVIDENCE PLANTATIONS. 257

1652.

The 26th day of December. ^-^~>'-^'
Mr. Gregorie Dexter is chosen moderator for the pres-
ent day.

Whereas, the honoured President presented unto this
GeDerall committee, certayne particulars as reasons
"wherefore he called this present sessions, the last whereof
was this, viz. That the honour of this Collonie lyeth at
stake, to keepe ourselves in order and union till the re-
turne of our agent from England, that provisions be made
that wee be not then found in a rout. It is therefore or-
dered, and for other reasons movinge us thereunto, that
this Court of Commissioners is adjourned untill the day
before the next Court of Election, to bee held at Provi-
dence ; and the sayd Court of Commissioners not to meet
sooner, unless the major part of the free people of this
Collony see cause, eyther upon information of the Gen-
erall Officers or otherwayes, and the sayd Court of Com-
missioners shall sit at Providence.
A true coppy taken by me.

JOHN GREENE,

Recorder.

RECORDS OF THE COLONY OF RHODE ISLAND,

The Commissioners of the CoUony being mett at Provi-
dence, the 16th and 17th of May, 1653.

Providence
Commissioners.

Thomas Angell,
Henry Browne,
William Wickenden,
Gregorie Dexter,
Hugh Bevfitt,
Thomas Harris.

Warwicke
Commissioners.

Ezekiel HoUiman,
Stukely Wascote,
John Townsend,
Richard Townsed,
Walter Todd,
John Greene, Jr.

'Mr. Gregorie Dexter is chosen Moderator of the As-
sembly.

John Greene, General Recorder, is chosen Clarke, dur-
inge sessions.

Ordered, that the letter dravs^n forth by the Commis-
sioners, and transcribed by the Clarke bee sent with
expedition to the Hand.

A coppie of the aforesayd letter as foUoweth.

Neighbours of Portsmouth and NcAvport :

Whereas, wee received certaine propositions from the
Towne of Newport, dated the 18th of March, 1652, to
keepe the Generall Court there, the 17th of this instant
month, and that a committee of six men in each Towne
bee chosen to consider and ripen all matters that respect
the Collonie, &c. Whereupon, wee gave answer that wee

AND PROVIDENCE PLANTATIONS. 259

were willing to meet there by Commissioners, to a advise 1653.
and order, &c. ; provided, that the sayd Townes which *-*'"-^*-'
first stated the matter would give us ten dayes notice.
But forasmuch that since that time untill the present day
wee have not receaved any letter or note from any of the
sayd Townes, signifying any agreement amongst your-
selves upon the Island, that you would meet us at the
time and place by Commissioners as aforesayed, wee are
therefore enforced to keep in the posture wee are in, and
attend to the election of Generall oflBicers for these two
Townes, accordinge to former order extant amongst us.
By the Generall Assembly of the Committee of the
Collony of Providence Plantations met at Provi-
dence, this 16th day of May, 1653.

JOHN GREENE,

Generall Recorder.

Ordered, that the fine of ten poundes which the Presi-
dent (refusing to serve, beinge elected) is to pay, is re-
pealed ; as also the fine of five pound, which the Generall
Assistant is to pay upon the same account.

Here followeth a coppie of the letter from the Towne of
Newport, containinge the propositions above referred to.

Beloved friends and neighbours :

After our respects, these are to informe you, of our de-
sires to further the orders of our honored and well Avishers,
the honoured counsell of State, and of your, together with
our own safetie and peaceable well-beinge, and that each
may enjoy his owne right in equitie, and that the face of
authoritie may be established amongst us, the endeavoringe
whereof hath moved us to write unto you our propositions
here under- written, as alsoe to send unto you a coppie of
the order of the honoured councill of State, all which we
have betrusted in the hands of our beloved messenger, Mr.
Benedict Arnold, with the orders for the safe disposall

260 RECORDS OF THE COLONY OF RHODE ISLAND,

1653. of the forewarned coppie and the delivery of those our
'-*"^'^*-' motions.

That the next Generall Assembly for election, which
will be the first Tuesday after the fifteenth of May, be
held at Newport.

That the officers be chosen accordinge to the accus-
tomed rule in the lawes established by authoritie of the
charter confirmed by the honoured councill's order.

That all orders made by the townes of this Collonie,
either joyntlie or apart, by the authoritie of the charter,
be authorized to be in force, untill by a Generall Assem-
bly repealed.

That all suits dependinge, that are by the lawe referred
to the Generall Court of tryalls, may be issued at the next
Generall Court, by such officers as shall be deputed at the
time appoynted by the former lawes.

That a committee of six men in each Towne, be chosen
to consider and ripen all matters that respect the Collonie,
which the major votes of the Townes assenting to, shall be
established, and stand in force.

That the Generall Officers, that were deputed and en-
gaged, when Mr. Coddington's commission obstructed, be
authorized and invested with power to act in their severall
commissions, untill new bee chosen for the generall ; but
if any Towne see cause, they may be authorized to ap-
point what generall ofi&cer they judge meet in that Towne,
who may by the Towne Clerk be engaged, if not before
engaged, and be authorized to act by the rule prescribed.

That all the inhabitants that allowe the propositions
sent to each Towne, sett to, or subscribe their names for
confirmation thereof; whose names being delivered to the
severall Towne Clerks, shall be sealed up and sent to the
President, Mr. Nicholas Easton, who, with the coun-
cill of that Towne, shall open and shall signifie the re-
sult to the severall Townes, and this to bee performed by
the 10th April next.

Further, we thought good to insert what present

AND PROVIDENCE PLANTATIONS. 261

course our Towne hath taken for our present security till a 1653.
generall order, namely : v.^-v-^^-'

That whereas, by the honourable Councill's order, wee
are to depute one or more to see that forts bee made and
arms provided, and other things done as ordered ; and
whereas, by a lawe made amongst us, each Towne hath
the power of the militia, that seven men in our Towne are
appointed to see that order performed ; foure of them
concurringe, it stands in force, untill the Collonie other-
wise order. The men appoynted are William Dyre, &c.

Newport, the 18th of March, 1652. Per me,
WILLIAM LYTHERLAND,

Towne Clerk.

In behalf, and by the order of the Towne of Newport.

Forasmuch as it hath pleased the much honoured the
Counsell of State to authorize this Collonie to raise forts
and otherwise arme and defend ourselves against the
Dutch, or enemies of the Commonwealth of England, and
for to offend them as wee shall thinke necessary, it is
therefore ordered : First, that no provisions bee trans-
ported out of this Collonie for the supply of the Dutch,
upon the forfeiture of the double valew.

Secondly, that each plantation take speedy and dilligent
course for their owne safety defence.

Thirdly, wee expressly requier in the name of the
Commonwealth of England, that no man within the limits
of this Collonie presume to take vessells or goods from the
Dutch, as beinge authorized by this Collonie without or-
der and directions from a Generall Court of Commission-
ers, upon such a penal tie as the nature of his fact shall
require by the judgment of his peeres.

Ordered, that the names of the free inhabitants of the
Townes of Providence and Warwicke, that are presented,
bee recorded.

Ordered, that all writts and warrants shall bee issued
forth in the name of the Commonwealth of England.

262 RECORDS OF THE COLONY OF RHODE ISLAND,

1653. Whereas, the lawe that was formerly made by the Col-
"-^"^"^^ lonie for the triall of Generall Officers is ambiguous, and
not so cleare as is meet to bringe them to a certaine
triall. It is therefore ordered, that the triall of all Gen-
erall officers, shall bee by the Generall Assembly of Com-
missioners (six chosen by each Towne) for their misde-
meanures in their office, any former lawe to the contrary
notwithstandinge.

Ordered, that the Clarke of the Generall Assembly of
Commissioners shall engadge the Generall officers when
they are chosen.

The names of the Generall Officers of this Collonie of
Providence Plantations, chosen and engadged to serve for
the yeare ensuinge.

Gregorie Dexter, President.

John vSayles, Generall Assistant and Treasurer for
Providence.

Stukely Wascote, Generall Assistant for Warwicke.

John Greene, Generall Recorder.

Hugh Bewitt, Generall Sarjeant.

Ordered, that the writinge which was presented by the
Towne of Providence to this Assembly, subscribed by
John Smith, President, and Samuel Gorton, Assistant,
declaringe the grounds of their apeale, &c., shall be re-
ferred unto the triall of the next Generall Assembly of
Commissioners, which shall be held fowre dayes before
the last Tuesday in October next, at Warwicke ; which
Court shall bee called by a warrant from the President,
givinge ten dayes notice. And in case hee faile, one of
the Generall Assistants may doe it ; and if they faile, the
Towne Deputies may doe it.

Ordered, that the sayd John Smith and Samuel Gorton
shall bee^summoned to the sayd Generall Assembly, and
then and there shall give answer for their sayd writinge

AND PROVIDENCE PLANTATIONS. 263

and charge against the Court of Commissioners, and for 1653.
their misdemeanours in their foresayed offices. v-^-v-^-^

Ordered, that Hugh Bewitt, Sohcitor Generall (with
the advice and helpe of the Tovvne Clarkes of Providence
and Warwicke beinge the matters concerninge both ^

Townes) shall take out summons, and so prepare all the
matter for tryall, and so enter the matter in the Record-
er's office at least eight dayes before the Court.

Ordered, that the Clarke shall have for his paines of
writinge out these coppies and former lawes and letters,
that no order hath yet been taken about, six shillings of
each Towne.

Acts and orders of the Generall Assemblie at Newport^
May 11th, 1653.

Mr. Nicholas Easton, Moderator.
William Lytherland, Clarke.

Imprimis. Freemen received.

OF NEWPORT. OP PORTSMOUTH.

Benedict Arnold, Jonathan Mott,

Edward Smith, Richard Sussel,

Emmanuell Wooley, John Sanford, Jun'r.

James Man,
Will'm DaviU,
Joseph Torrey,
The. Clifton,
John Gould,
William Haviland,

264 RECORDS OF THE COLONY OP RHODE ISLAND,

1653. It was voated by y^ Assemblie, That this present As-
^--•^v-*^ semblie do conclude that they are a lawful! Assemblie,
A^JImbiie. and have power to act in election, and y"" affaires of y^

Collonie.
is'and 2. That y*" Islands shall jointly act in keeping Courts

from foure times in y^ yeare ; that is twice in each Towne,
where all y^ officers of both Townes may sitt Judges in y^
Court ; and six jurymen sent out of each Towne. But if
any be failing or challenged, then to make them up of y*
inhabitants of that Towne where y® Court is kept ; or of
others that are present that are inhabitants.
LawsEstab- 3. That y^ body of lawes that are established by au-
thoritie of the charter, and not abolished by y^ Councell of
State's order, shall be in force till repealed,
conrtad- 4. That Y^ Generall Court of Tryalls be adjourned till
this day month, that y^ causes presented be duly stated,
and may be legally issued, and to be kept at Ports-
mouth.

Election. 5. Mr. John Sanford, Sen'r, President.

Mr. Nicholas Easton, Assistant for Newport.
Mr. Richard Burden, Assistant for Portsmouth.
Will. Lytherland, Generall Recorder.
Mr. Richard Knight, Generall Sargeant.
Mr. John Coggeshall, Generall Treasurer.
Mr. John Easton, Generall Atturney.

Constable. G. That y' Generall Officer shall have power to sub-
stitute a constable, when he shall see cause, who shall
serve in that office, for that present occasion, in y'^ ab-
sence of y*" other constable.

Providence 7. That if Providcnce and Warwicke be pleased to act

nnH 'War- ^

with us, they may have libertie to choose y"" Generall Offi-
cers for their own Townes. (Repealed.)

8. Three men chosen for to see that y^ order of y^
Right Honourable y^ Councill of State be attended, to

nnmcly, in looking and taking enrc that y*" State's part

and War-
wicke may
choose Offi-
cers.

y« Stale's
part of priz
es to be
look'd after

AND PROVIDENCE PLANTATIONS. 265

of all prizes be secured, and accompt given. Mr. Wm. 1653.
Dyre, Mr. John Sanford, President and Mr. Nicholas ^--^--^^
Eastone.

The Court adjourned till eight of y^ clock in y^
morning.

ISth day of May.

, ■, Island

That y" quarter courts shall be kept by course in each courts,
Towne upon y^ Island, and to be holden accordinge to y^
order at Newport, viz. : y" first Tuesday after every
quarter day, and to begin at Portsmouth.

10. Two men sent to demand of Mr. Coddington y^fXddfn"
statute book, and book of records ; y" messengers Mr. **"'•
James Barker and Mr. Richard Knight. •

Providence and Warwicke men come in.

11. That y^ Generall officers for Providence and War- ^Sence '

•^ . and War-

wicke shall be chosen by this present assemblie. wicke,

Mr. Thomas Olnie, Generall Assistant for Providence.

Mr. Randall Houlden, Generall Assistant for War-
wicke.

[The] answer of [Mr. Coddington is,] that he will ad-
vize with his Councell, and then give an answer, for he
dare not lay downe his commission, haveing po order
thereto, nor hath he scene any thing to shew that his
commission is annulled.

A committee of two men of each Towne, or eight men
be chosen for ripening matters that concerne Long Island,
and in .y*" case concerninge y*" Dutch. Mr. Nicholas Eas-
ton, Mr. John Easton, Mr. Richard Burden, Mr. Randall
Holden, Mr. John Smith, Mr. Robert Field, Richard Tew,
and John Roome.

Acts vppon theire presentment.

1. First, that we judge it to be our dutie to afford our
countremen on Long Island, what helpe we can safely

266 RECORDS OF THE COLONY OF RHODE ISLAND,

1653. doe, by virtue of our commission from y* Right Honora-
">-*'^'"'^ ble y° Councell of State, either for defendinge them-
selves against y® Dutch, y*" enemies of y" Commonwealth,
or for offendinge them as by us shall be thought ne-
cessarie.

2. That they shall have two great guns, and what
murtherers are with us on promise of returninge them,
as y" due valuation, and to be improved as by instruc-
tions given by this Assemblies authoritie, this or what
else ; provided, they engage to the Commonwealth and
conforme by subscription to doe their uttmost to sett
themselves in a suitable posture of defence against all
enemies of y® Commonwealth of England, and to offend
them as* shall be ordered.

3. That there be allowed twenty voluntaries out of y*
Collonie, provided they be such as be under noe fixed
relation or ingagement.

12. That for try all of prizes brought in accordinge to
law, the Generall officers, with three juriers of each
Towne shall be authorized to try it. The President and
two Assistants shall have authoritie to apoynt y" time ;
but if anie faile at y"* time apoynted, either officers or ju-
riers ; y*" juriers shall be made up in y" Towne of New-
port, when they shall be tryed. In case any of y® officers
faile, then those that apeere shall proceede accordinge to
y" law of Allaroome.

13. Commissions granted to Capt. John Underbill and
Mr. William Dyre.

14. That Edward Hull shall have a commission
■granted him to goe against y° Dutch, or any enemies of yl
Commonwealth of England.

15. That y'' President and foure Assistants, or any
three of them concurringe, shall have power to grant
commission against any of y^ enemies of y° Commonwealth'
of England.

16. That Providence and Warwicke shall act joyntiy

AND PROVIDENCE PLANTATIONS.

267

in theire Townes as y'' Island doth in keeping Courts, 1653;
both havinge theire apeale to y^ Glenerall [Assembly]. ^-«^^»-'
May 26th, 1653.

A true coppie per me,

WILL. LYTHERLAND,

Grenerall Recorder.

The Acts of the Generall Assembly of Commissioners assem-
bled at Providence this M and ^th day of June, 1653.

Providence
Commissioners.

Gregorie Dexter,
John Sayles,
Arthur Fenner,
WiUiam Wickenden,
Thomas Angell,
James Ashton,

For Warwicke.

Ezekiel Holliman,

Stukely Wascote,
John Greene, Jr.,
Henry Townsend,
James Sweete,
John Cooke.

Ezekiel Holliman is chosen Moderator for the present
day.

Ordered, that the remonstrance which is drawen forth
bee transcribed forthwith by the Generall Recorder, and
a coppie thereof sent with speed to both Townes.

Ordered, to adjourne untill the morninge.

Ezekiel Holliman is chosen Moderator for the day.
18

268 RECORDS OF THE COLONY OP RHODE ISLAND,

1653.

"^^^■^^^^ A Brief e Remonstrance of the two Toiunes of Providence
Plantations, being at present the colony of Providence
Plantations.

Whereas, it pleased the honoured counsill of State, to
grant unto Mr. William Coddington, a commission to bee
Governor of Rhode Island, whereby the Townes of New-
port and Portsmouth were disjoynted from the coUonie
of Providence Plantations ; Whereupon, wee, the two
Townes of Providence and Warwicke, havinge information
thereof, assembled together and declared ourselves unani-
mously to stand embodyed and incorporated as before by
virtue of our charter, and immediately prepared to send
our agent unto England for confirmation of our charter
unto us, as more at large appeareth in the orders made at
Providence ; and whereas, about the 16th of the 12th
month, '52, William Dyre brought unto us, (the two
Townes of Providence and Warwicke), a letter subscribed
by John Sanford, William Baulstone, John Porter and
William Jeffries, of Rhode Island, intimating that the
said William Dyre had brought letters and orders for our
directions, sent from the much honored, the councill of
State, and that they would give us a meeting to heare the
said letters at the time of our appointment ; whereupon,
wee the said two townes respectively chose six commis-
sioners and gave them full power and authoritie to give
answer to the sayd letters, and also to act for us, as if
wee were present, accordinge unto the directions of the
sayd councill, whether it were for the re-unitinge of the
sayd two townes of Portsmouth and Newport unto us, or
otherwise to do in all affayres, except election, accordinge
to their wisdomes, as in our severall towne orders, more
at large appeareth. Therefore, our sayd commissioners,
being orderlie chosen, and assembled at Pawtuxet, the
25th of February, '52, prepared an answer to the sayd
letter, and sent it by the hands of foure messengers, two

AND PROVIDENCE PLANTATIONS. 269

chosen out of each Towne, that so (if possible), they 1653.
might fully effect an orderlie meetinge, and therefore de- ^-^---*»-'
clared their resolutions in their sayd letters, to meet with
us the two Townes of Portsmouth and Newport by Com-
missioners (six chosen out of each Towne), at the time
and place of their appointment, and re-unite with the
sland, if the mind of the Councill of State was such, as
more at large appeareth in their abovesayd letter ;
but no reply could our sayd commissioners procure by
their sayd messengers, nor hitherto have they received
any ; and at the returne of the sayd four messengers, our
sayd commissioners assembled at Pawtuxet aforesayd, the
9th of March, 1652, where the said messengers made
their report, and declared that they could not procure the
letters and orders for our direction, sent from the honoured
Councill of State aforesayed, nor a copy thereof, although
they were read before many people ; thereupon, our sayd
Commissioners sent to Mr. Easton, in whose hands the
sayd orders were, for them or a copy thereof, and another
letter to both Townes of Portsmouth and Newport, on
purpose by the hand of two messengers, intimating unto
the sayd two Townes that Providence and Warwicke, had
empowered them as aforesaycl, to transact for the sayd
two townes in all generall affaires, as if all the inhabitants
of the sayd two Townes were present, and therefore pro-
posed to both the townes upon the Island,, thai if they were
willing to re-unite with us, then to choose six commis-
sioners out of each Towne, and appoint time and place
where we should meet them to order accordinge to the
councill of state's directions as- more at large appeareth in
their sayd letter : but they could not procure any answer
from neither of the said two townes ; and whereas, after
a long space of time, the town of Newport sent unto us
certaine propositions by the hand of Benedict Arnold, in-
timating their desires that we should meet them at New-
port in May next, and choose six Commissioners to pre-
pare and so forth, which propositions were referred to our

270 RECORDS OF THE COLONY OF RHODE ISLAND,

1653. saycl commissioners to answer ; and our commissioners thus
^^*^—*-' answered, that they were wiUing there to meet by commis-
sioners, six chosen out of each Towne, and to re-unite
and order for the peace of the whole Collonie, et cetera,
in all generall affaires except election, provided the sayd
Towne of Newport would give ten dayes notice before
hand, that so they would meet by commissioners as more
at large appeareth in our sayd commissioner's answer ;
but, forasmuch as neither our sayd commissioners, nor we
the sayd two townes have received any answer from the
sayd Island by way of reply, we, therefore, the said two
Townes of Providence and Warwicke, were necessitated
to keep in the posture we were in, and proceeded to elec-
tion of Generall oflicers according to lawe extant amongst
us the 17th of May ; Yet, notwithstandinge all our afore-
sayd endeavours to re-unite the sayd two Townes of Ports-
mouth and Newport unto us, which is not yet effected,
the inhabitants of the sayd two Townes have, as we are
informed, in the name or by the authoritie of the Collonie
of Providence Plantations, granted and given unto John
Underbill, Edward Hull and William Dyre, a commission
or commissions tending to war, which is like, for aught
we see, to set all New England on fire, for the event of
war is various and uncertaine ; and although the hon-
oured councill of State's direction to us, A-idelicit, to of-
fend the Dutch as we shall think necessary, yet we know
not for what reason, or for what cause the sayd inhabit-
ants of the Island have given forth the sayd commission :
Therefore, wee are enforced thus to declare, that if the
sayd Island shall attempt to engage us with them in the
sayd Commission, or in any other like proceedings, and
shall use any force or violence upon us on that account, that
we will then address ourselves immediately to Eng-
land, to petition for their honors' further directions unto
us, which they have pleased to intimate in their late hon-
ors' pleasure sent by the hand of William Dyre ; for we

AND PROVIDENCE PLANTATIONS. 271

are resolved to use our utmost endeavour to free our- 1653.
selves from all illegall and unjust proceedings. ^w*— ^.-«.-

By the Commissioners of this Collonie.

JOHN GREENE, Jr.,

Generall Recorder.

Ordered, that those inhabitants of this Collonie that
doe owne the Commission which wee heare is granted and
given to John Underhill, Edward Hall and William Dyre,
in the name of Providence Plantations, shall have hence-
forth no liberty to act in Government untill they have
given satisfaction to the respective Townes of Providence
and Warwicke.

Whereas, wee conceive that this Collonie lyeth in emi-
nent danger ; it is therefore ordered, that the Court is
adjourned until! John Sayles, Generall Assistant for
Providence, or Stukely Wascote, Generall Assistant for
Warwicke, see cause to call it.

Acts made by the Commissioners of the Collonie of Provi-
dence Plantations, being assembled at Warwicke, the \Wi
day of August, 1G53. This being the second sessions.

' Gregorie Dexter,
John Sayles,
Providence j ^^^^^^^ ^^m^^r,

Commissioners. | William Wickenden,
Thomas Angell,
James Ashton.

RECORDS OF THE COLONY OF RHODE ISLAND,

John Cooke.
Ezekiel Holliman,
Warwick Commissioners, j Stukely Wascote,
John Greene, Jr.,
Henry Townsend,
^ James Sweete.

John Cooke beinge absent, John Sweete is chosen in
his roome for this present sessions.

Gregorie Dexter is chosen Moderator for this present
day.

The Generall Recorder is Clarke of the Assembly.

Ordered, that the Recorder forthwith transcribe the let-
ter that is to bee sent to the Massachusetts to the Gov-
ernor and Assistants.

Ordered, to adjourn for an howre.

Beinge assembled again, it is ordered, that whereas the
Generall Assistant of Warwicke hath presented a request
and complaint unto this present sessions, to put the Towne
of Warwicke into a way of order to chuse their Towne of-
ficers, &c. It is therefore ordered, that the Towne of
Warwicke, doe forthwith, upon the next Monday come
sevenight, choose their Towne oflicers ; and those offi-
cers shall stand untill the next second in June.

Ordered, to adjourne the Court untill John Sayles,
Generall Assistant for Providence, or Stukely Waskote,
Generall Assistant for Warwicke, see cause to appoint a
;time and place.

JOHN GREEN,
Clarke of the Assembly.

AND PROVIDENCE PLANTATIONS.

Acts of the Generall Assembly of Providence Plantations,
May 16, 1654.

Mr. Nicholas Easton, Moderator.

FREEMEN RECEIVED.

Samuel Gorton and John Hayley.
Mr. Nicholas Easton, chosen President.
Mr Randall Holden, next in major voate.
Mr. Thomas Olney, Assistant for Providence.
Mr. Richard Burden, Assistant for Portsmouth.
Mr. Edward Smith, Assistant for Newport.
Mr. Randall Holden, Assistant for Warwicke.
Joseph Torrey, Generall Recorder.
Mr. John Coggeshall, Generall Treasurer.
Richard Knight, Generall Sargante.

That the Generall Sargante shall have powre through- waterbayii
out the CoUony to be water bay lye ; and that the Sar-
gante of each Towne be invested with like power within
the severall Townes presinkes ; and that in the absence
of either, the Generall Assistante of each Towne have
full power to depute an officer to execute the service.

A committee chosen for the preparinge a way of some
course concerninge our dissenting friends.

Mr. Olney and Mr. Williams for Providence.

Mr. Burden and Mr. Roome, for Portsmouth.

Mr. Smith and Joseph Torrey, for Newport.

Mr. Weeks and Mr. Potter, for Warwicke.

Captaine John Cranston is chosen Generall Atturnie.

Mr. Edward Smith, Joseph Torrey and James Rogers
are to view the demands of the Generall Sargantes, Wil-
liam Letherland and Robert Greffens accounts with the
Plantation therein, and to satisfie them all out of the fines

274

RECORDS OF THE COLONY OF RHODE ISLAND,

1654. that are levied ; and what they three shall doe therein^
''-^"^'^^-' shall he authentique.

That the Generall Assistante of Providence (in case
Mr. Williams returne from England) shall repay er to him
to receive what orders are by him sent for the CoUony.
b'^ubTsheo" '^^'^^^ what the committee have prepared and presented
to this Assembly, is by this Assembly, established for an
ordinance, and to be recorded and published. That it
shall also be sealed with the scale of the Collony, and
published by the Generall Sargante in each Towne ; and
that the Generall Sargante shall take such ayd with the
droume as by which it may be knowne vnto all.

The examination of Giles Glover vpon oath in the As-
uadws. semblie sayth, that he hath been twice at the Dutch, and
that for the last time he was theare John Garioud did
trade something there, and fordere sayth that he saw an
order vnder the hand of Mr. Holiman and John Greene,
Junior, for their goinge thither, and sayth we brought
howes, gunnes and powder, but traded with [them]. He
tarred but ten dayes, and [said] that he traded with some
that weare not his Father and Mother, and that we
brought eighteen ankers of liquors the first voyage, and
six the last. That Robert Westkote went about to buy
bever and liquors ; but doth not know that he bought any
[thing] but one hundred howes upon John Gariard ac-
counte, and that John Gariard brought some deare
skinnes, but some he had from his mother.

That the Generall Sargante have authoritye to take vp
all fines aboute sellinge liquer to the Indians, and he to-
gether with his Assistante to have halfe the fines.

That the vessell Debora shall have a commission to de-
fend themselves, and to offend the enemies of the Com-
monwealth of England.

That any man that runes away from his master from
any other CoUonie to this Colony, his master sendinge af-
ter him and givinge in just probation of his right to him,
it shall be in the power of the Generall Officer of each

AND PROVIDENCE PLANTATIONS. 275

Towne, together with the Towne officer or officers in 1654.
which he is taken, to take course for his sending back in ^«— '^n'^"*-''
case they have just cause thereto, his master beinge at
the charge of his sendinge back.

That Samuel Edsull in case he shall not give in what satis-
faction was proposed to him by the Assembly, it shall be in
the power of the officers as abovesayd, in the Town
wheare he is taken, to send him back to his master
speedily.

That a summons shall serve for any free inhabitante, to
warne him to any Court of trialls : but in case the plain- summons

'' ^^ and writs.

tiffe be afraide of his defraide in remove all, then it shall
be in the power of the officer to give forth a writte, to
put in security for his apearance, which is to be under-
stood, that if he be a generall freeman of the Collonie,
then it is for the Generall Court ; and so if it be for
Towne, such as are free of the Towne. That the Towne
Clarke of each Towne have power to give forth summons
or writts for apearance at any Court that concernes any
partickelar Towne aparte, or Townes joyntlie acting to-
gether, in partickelar Courts of triall.

That the Generall Recorder and Generall Sargante
shall have their place in force, although others be chosen,
vntill the end of the Generall Courte of trialls next ensu-
inge the court of election.

That the Recorder that has been employed for the Col- Recoraa to
lonie, together with the President, and Mr. Burden, shall
view the records of the Colonic, and perfecte them for the
Collonie.

A committee of foure men chosen for preparinge aboute
officers in the execution of justice, John Easton, Mr.
Weeks, Mr. Field, Mr. Roome.

May 18, 1654.
That Edward Smith, Joseph Torrey and James Rogers
have power to examen the disposall of Captaine Partreges
estate, both the reserve and the disposall by William

276 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. Lytlierland and Richard Knight, and their right in what
^-'"^^^^^ they either h?.ve reserved or disposed of, and what the

sayd three shall doe therein shall be authenticque.
Licjuer That what lawes have been formerly made for the pro-

hibition of wine and liqiier shall stand in full force, all
acks to the contrarie notwithstandinge.

That any two of the Generall Assistants either of the
Hand, or of the main, shall have power to call a Generall
Assembly when they shall see it necessary, and that
hearein they shall be justified.

That the Recorder shall have five shillinges of each
Towne for a copie of the Courtes proceedings.

Two Assist
ants may
call the
Generall

Recorde-'s

fees.

August ult. [315^, 1654.
Articles of agreement hy if Commissioners of if foure
Townes uppon y" re-unitinge of this Colonie of Provi-
dence Plantations, asfolloweth, viz. :

Whereas, there hath been differences and obstructions
amongst y^ foure Townes of this Collonie of Providence
Plantations in New England, namely : Providence,
Portsmouth, Newport and Warwick, arisinge by Mr.
Coddington's commission, and we, y° Commissioners of
all y° foure Townes abovesaide, chosen equally by each
Towne, doe agree.

First, that all transactions done by y*" authoritie of y®

Transac- •' •' "^

tionsofthe inhabitants of y*' two Townes of Rhoade Island, from y^

towns to •' 'J

stand. ^jj-j^g q£ ]^/[^_ Coddington's commission taking place there,
untill Mr. Dyre brought over further orders from y" Hon-
orable Counsell of State in y^ yeare 1652, shall remaine

AND PROVIDENCE PLANTATIONS.

277

on y° accompt of j° two Townes of y'' abovesaid Hand ; 1654.
and all j" transactions of Providence and Warwicke in y' ^— '-^''^»»-
said space to reinaine on tlieire owne accompt. And fur-
ther, that all y" transactions of y® foresaid two Townes on
Khoade Island, viz. : Portsmouth and Newport, and a
part of Warwicke and Providence with them since Mr.
Dyre's bringing y*" foresaid order, to this verie time, shall
remaine on theire own account. And whatsover transac-
tions have been in y® said time, y^ rest of y® inhabitants of
Warwicke and Providence professinge themselves two
Townes, shall remaine on theire, y® said inhabitants owne
accompts professinge themselves two Townes.

Secondly, We, y° commissioners of y^ foure Townes
abovesaid, doe agree, and are willinge to order, this Col-
lonie by y^ authoritie of y'' Charter granted to vs by y"
Honored Parlement of y" Commonwealth of England,
bearing date y" fourteenth day of March, 1643.

Thirdly, Wee agree, that y^ Generall Court of this are°to try'
CoUonie, or Generall Assemblie, to transact all aftaires officers,
except election, as making of lawes, tryall of generall of-
ficers, &c., be held by six commissioners, chosen by each
Towne of y® CoUonie.

In confirmation hereof, we, y° commissioners above
premised, have sett to our hands, namely :

Providence

Portsmouth.

Thomas Harris,
Gregorie Dexter.
John Taylor,
William Wickenden,
John Browne,
Henrie Browne.
William Baulston,
Ei chard Burden,
John Roome,
Thomas Cornell,
John Briggs,
William Hall.

RECORDS OF THE COLONY OF RHODE ISLAND,

Benedict Arnold,
Richard Tew,
John Coggeshall,
John Easton,

Newport.

Warwick.

Wm. Lytherland,
[ Thomas Gould.

John Greene, Sen'r,
Randall Houlden,
Ezekiel Holiman,
John Greene, Jun'r,
John Townsend,
Richard Townsend.

Ads and Orders by y" Commissioners of y^ foure Townes
of this Collonie of Providence Plantations, assembled at
Warwicke, y^ last of August, A. D., 1654.

Mr. Benedict Arnold, Moderator for this day.
"\Vm. Lytherland, Clarke of y*" Assemblie.

1. It is ordered first, that Mr. Ezekiel Hollimau and
Mr. John Greene, Jun'r, are to view y^ generall lawes of
y° Collonie, and present to y" next Court of Commission-
ers what they may either find defective, or any way
jarring, either markinge y® margent, or wTitinge out such,
and are to be satisfied for theire paines as it shall be or-
dered by y'' Court of Commissioners.

2. It is ordered, that a Court of election be held up-
pon Tuesday, y*^ 12th of y^ next month, and to be kept at

AND PROVIDENCE PLANTATIONS. 279

Warwick ; which officers then chosen, shall be engaged 1654.
and stand till y*" Court of election in May next. ^>-«i=-v-*fc^

3. It is ordered, that y'' Court of Commissioners are
to meet at y" time abovesaide,. that is y^ 12th of Sep-
tember next.

4. The Court is adjourned till six of j^ clock in y°
morninge.

September y" first.
Mr. Gregorie Dexter, Moderator for this day.

1. First. It is ordered, that y*" generall bulke ofLawas.
lawes that were in force for this Collonie at y*" time
Mr. Coddington's commission was brought to Rhoade
Island, shall stand in force till repealed by a Court of
Commissioners.

2. The Court adjourned for halfe an houre.

3. It is ordered, that no liquers shall be sould topiq"or?ot

' -■■ to be sold to

any Indians by any one within this Colonic, under y^ t^e Indians.
penaltie of five poundes for every default, one halfe to
y® complainer, and y'' other halfe to y° Towne Treasurie ;
and to be taken by distraint by y" Towne Sargent by war-
rant from y® Towne warden ; and this order to be in force
j" first of November next. And it shall be lawfull for
any one of this Colonic to take away any liquer from any
Indians that they shall finde havinge any within any of y^
precinques of y*" severall Townes.

4. It is ordered, that neither French nor Dutch shall Trade Pro-
trade any goods with any Indians within this jurisdiction
uppon paine of forfeiture of vessell and goods ; one halfe

to y° Towne Treasurie in which it is taken, or to y®
Generall Assemblie if taken out of y"" Townes ; y" other
halfe to those that take it.

5. It is ordered, that y® Townes take a course topHsons,
provide prisons by j" fifteenth of May next, under y®
penaltie of y*" former lawe.

6. Whereas, there have been severall complaints For Rema-
exhibited to this Assemblie against y^ incivilitie of per-''""

280 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. sons exercised uppon y^ first clay of y® weeke which is
'-*''^-'"*^ offensive to clivers amongst us. And whereas it is judged
that y'' occasion thereof ariseth because there is noe day
apoynted for recreation. It is therefore referred to y^
consideration and determination of each Towne to alow
what dayes they shall agree uppon for theire men ser-
vants maid servants and children to recreate themselves,
to prevent y° incivilities which are amongst us exercised

warrant. OU that day.

E,iz.coggos- ^^ j^ -g oi^jered, that there shall be issued out a
warrant from this Assemblie to Elizabeth, y*" wife of John
Coggeshall, under y'' hand of y*" Clarke of this Assemblie,
to make her personall appearance before y'' Court of Com-
missioners uppon y"" 12th of September next at War-
wicke ; and that y"" Clarke alsoe shaU have power also to
effect y*" matter for her apeerance.

8. It is ordered, that all those inhabitants in this Col-
Freemen.

lonie that have been received freemen to act in any
Towne or Collonie since Mr. Coddington's commission
was exhibited, shall be owned freemen of y*" Collonie ;
and that y*" names of those that are not as yett recorded,
shall be brought in the next Court.

9. It is ordered, that y*" Clarke of y° Assemblie shall
give coppies of y*" proceedings of this Court, and shall be
paide three shillings apeece, of each Towne.

10. It is ordered, that each Towne doe forthwith
apoynt or licence one or two bowses for y^ entertainment
of strangers ; and to encourage such as shall undertake to
keepe such howses. And that all others that are not li-
cenced, do not retaile either wine, beere, or strong liquers,
uppon y® penaltie of five poundes. And y° former lawes
for alehowses and liquers be repealed.

The Court is adjourned till y" 12.th of this month.

Clarke
Fees.

Howsos of
EntoTtain-
ment.

AND PROVIDENCE PLANTATIONS.

The Court of Commissioners and election held at Warwicke
if 12th of September, 1654.

Providence.

Thomas Harris,
Gregorie Dexter,
Mr. Henry Redick,
Wm. Wickenden,
Jolm Browne,
^ Henry Browne.

Portsmouth.

Mr. William Baulston,
Richard Burden,
John Roome,
John Briggs,
John Tripp,
Thomas Cornell.

Ne\vport.

Mr. Benedict Arnold,
Richard Tew,
John Coggeshall,
John Easton,
Wm. Lytherland,
Thomas Gould.

Warwicke.

f John Greene, Sen'r,
Randall Houlden,

j Ezekiell Holliman,
John Greene, Jun'r,
John Townsend,
Richard Townsend.

Caleb Car and Henrie Hobson chosen commissioners,
instead of Mr. Coggeshall and Richard Tew.

282 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. Mr. Benedict Arnold, Moderator.
-^^^-''^' Eicliard Bulger, received freeman.

The Court of Commissioners adjourned till to-morrow at
six in y" morning of election.

Mr. Roger Williams, President.

Mr. Thomas Harris, Assistant for Providence, and
engaged.

Mr. John Roome, Generall Assistant for Portsmouth,
and engaged.

Mr. Benedict Arnold, Assistant for Newport, and
engaged.

Mr. Randall Houlden, Assistant for Warwick, and
engaged.

Wm. Lytherland, Generall Recorder, and engaged.

Richard Ivnight, Generall Sargent.

Richard Burden, Generall Treasurer, and engaged.

John Cranston, Generall Atturney.

September y^ loth.

Commissioners assembled.

Mr. Benedict Arnold, Moderator.

1. It is ordered by this present Assemblie, that this is
y*" engagement of y° Generall officers, any former forme to
the contrarie notwithstandinge, viz. :

You, A. B., being called and chosen unto publicque

employment, and y® ofiuce of , by y'' free voate and

consent of y'^ inhabitants of y*" Province of Providence
Plantations (now orderly met) ; doe in this present As-
semblie engage yourself faithfully and truly to y^ uttmost of
your power to execute y"" commission committed unto you,
and doe hereby promise to do neither more nor lesse in
that respect, than that which y"" Collonic have or shall au-
thorize you to do.

The Court adjourned for one houre.

3. It is ordered, that for y" Court of election of Gen-
erall officers, it shall be held accordinge to preceedinge

Engagement

AND PROVIDENCE PLANTATIONS. 283

order, that is, y'' first Tuesday after y'' fifteenth day of 1654.
May, annually. v.^-v-^-'

4. It is ordered, that for y^ choosinge of Commission-
ers for y® transaction of Generall affaires, it shall be y®
first Tuesday in May, annually.

5. That Mr. Roger Williams, President, and Mr.
Gregorie Dexter, are desired to draw forth and send let- Hi"ffigh°
ters of humble thanksgivinge to his Highness y" Lord
Protector, and Sir Henry Vane, Mr. Holland, and to Mr.
John Clarke, in y® name of y" Collonie ; and Mr. Roger
Williams is desired to subscribe them with y^ title of his
office.

6. It is ordered, that all transactions that have passed Tuie of issu-
formeiiy under y^ title of y^ bodys of the liberties of Eng- wruts'"'
land, &c., shall from henceforth be issued out in y** name

of His Highness y^ Lord Protector of y® Commonwealth of
England, Scotland and Ireland, and y" dominions thereto
belonginge.

7. It is ordered, that y^ Moderator shall engage y°
Recorder, and y" Recorder y® rest of y" officers, onelyomcefs.
whereas y® President is absent, y® Generall Assistant of
Providence shall engage him.

8. It is ordered, that y® Generall Court of trialls court of

Tryalls.

shall beheld at Portsmouth in October next, accordinge to
former order y® last Tuesday in October.

9. It is ordered, that the Recorder now chosen shall

Records.

demand and receive y" records of y^ Collonie from Joseph
Torrey.

10. It is ordered, that y" Courts of election shall pro-

, ,. „ Election..

ceede accordmge to former order, and to begin next at
Providence.

11. It is ordered, that y® Recorder shall have for

•^ Fees.

writinge y® acts of this Court and coppies to each Towne,
three shillings per Towne.

The Court adjourned for halfe an houre.

12. It is ordered, that y® instructions presented byingt,„^,,j^j,^,
Mr. John Clarke, as they are now drawn forth, are by

284 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. this Court approved, and it is desired that Mr. Roger
^•^^^^"^•^ WilUanis, President, and Mr. Dexter will manifest so

much to Mr. John Clarke.
Court. 13. It is ordered, that y^ two Townes of this Collonie

which are on Rhoade Island, as namely : Portsmouth and
Newport, are hereby authorized to order by Deputies
(chosen equally out of each Towne), away of keeping
Courts together or apart, as they shall agree, for tryall of
all causes that have beene formerly tryable by each
Towne aparte ; and y® like authoritie to Warwick and
Providence.

14. That y® Court of Commissioners are adjourned till
further occasion shall be presented to y'' President and
foure Assistants, or y^ major part of them, who shall give
notice of it, and shall have power to call y® saide Court ;
provided, it shall be in y^ power of y" Townes againe to
make a new choyce, or else y^ same to stand in force.

FFINIS.

AND PROVIDENCE PLANTATIONS.

[Roger Williams on his return from England during tlie summer of this
year (1654), brought with him the following letter, addressed to Providence
Colony. It was doubtless this letter from Sir Henry Vane, which led the
Generall Assembly to direct letters to be sent to the Lord Protector, Sir
Henry Vane and others, named in this order. There are no copies on file of
any letters so written, subscribed to by Roger Williams, " with the title of his
office." There is, however, among the records, a copy of the following letter,
which, although signed by Gregorie Dexter, one of the Committee, as Town
Clerk of Providence, is evidently a reply to the letter of Sir Henry Vane, al-
luded to. The date, however, being the 27th of the 6th mouth (August), is
seventeen days before the act of the General Assembly, ordering the letters
written.]

Letter from Sir Henry Vane to the inhabitants of the
Providence Colony, sent by the hands of Roger Williams.

Lovinge and Christian Friends :

I could not refuse this bearer, Mr, Roger Williams,
my kinde friend and ancient acquaintance, to be accom-
panied with these few lines from myself to you, upon his
returne to Providence Colony ; though, perhaps, my pri-
vate and retired condition, which the Lord, of his mercy,
liath brought me into, might have argued strongly enough
for my silence ; but, indeed, something I hold myself
bound to say to you, out of the Christian love I bear
you, and for his sake whose name is called upon by you
und engaged in your behalfe. How is it that there are
such divisions amongst you ? Such headiness, tumults,
disorders and injustice ? The noise echoes into the ears
of all, as well friends as enemies, by every returne of
shipps from those parts. Is not the fear and awe of God
amongst you to restraine ? Is not the love of Christ in
you, to fill you with yearninge bowells, one towards an-
other, and constrain you not to live to yourselves, but to
him that died for you, yea, and is risen again? Are
there no wise men amongst you ? No public self-denying

286 RECORDS OF THE COLONY OF RHODE ISLAND,

^^-,-*^ spirits, that at least, upon the grounds of public safety,
1654. equity and prudence, can find out some way or meanes of
union and reconciliation for you amongst yourselves, be-
fore you become a prey to common enemies, especially
since this State, by the last letter from the Council of
State, gave you your freedom, as supposing a better use
would have been made of it than there hath been?
Surely, when kind and simple remedies are applied and
are ineffectuall, it speaks loud and broadly the high and
dangerous distempers of such a body, as if the wounds
were incurable. But I hope better things from you,
though I thus speak, and should be apt to think, that by
Commissioners agreed upon and appointed in all parts,
and on behalfe of all interests, in a generall meeting, such
a union and common satisfaction might arise, as, through
God's blessing, might put a stop to your growinge
breaches and distractions, silence your enemies, encourage
your friends, honor the name of God (which of late hath
been much blasphemed, by reason of you), and in particu-
lar, refresh and revive the sad heart of him who mourns
over your present evils, as being your affectionate friend,
to serve you in the Lord.

H. VANE.
Belleaw, the 8th of February, 1653-4.

AND PROVIDENCE PLANTATIONS.

Letter to Sir Henry Vane, on his retirement from office, in
reply to his letter of the Sth February.

Providence, 2Tth 6th mo., 1654 (so called). Henry vane'

Although we are aggrieved at your late retirement from
y^ helme of publicke affaires, yet we rejoice to reape y"
sweete fruits of your rest in your pious and lovinge lines
most seasonably sent to us.

Thus Sir, your sun, when he retires his brightness from
y* world, yet from y® very cloud we perceave his presence
and enjoy some light and heat, and sweete refeshinge.

Sir, your letters were directed to all and everie y® par-
ticular townes of this Providence Colonic. Surely Sir,
amongst y° many providences of y* Most High towards this
Towne of Providence, and this Providence Colonic, wee
cannot but see, apparently, his gracious hand, providing
your honourable selfe for so noble and true a friend to an
outcast and despised people.

From y" first beginning of this Providence Colonic
(occasioned by y"* banishment of some in these parts
from y^ Massachusetts), we say ever since, to this very
day, we reaped y® sweete fruits of your constant loving
kindness and favour towards us. Oh, Sir, whence then
is it, that you have bent your bow, and shot your sharpe
and bitter arrowes now against us ? Whence is it y^ you
charge us with divisions, disorders, &c.

Sir, we humbly pray your gentle acceptance of our
two-fold answer.

First, We have been greatly disturbed and distressed
byy® ambition and coveteousness of some amongst our-
selves.

Sir, we were in compleate order untill Mr. Coddington
(wanting y* publike selfe denyeing spirit which you com-

288 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. mend to us in your letter), procured by most untrue infor-
'-'•"^''"*-' mation a monopolie of part of y*" Colonie, viz. : Rhode
Island to himselfe, and so occasioned our generall disturb-
ances and distractions.

Secondly. Mr. Dyre (with no lesse want of a publike
spirit), being by private contentions with Mr. Codding-
ton ; and being betrusted to bring from England y® letter
of y® Councell of State for our re-unitinge, he hopes for a
recruit to himselfe by other mens goods ; and (contrarie
to y" State's intentions and expressions), plungeth him-
selfe and some others, in most unnecessary and unright-
ous plunderings, both of Dutch and French and English ;
all to our great griefe, who protested against such abuse
of power from England ; and y*" end of it, even to y^
shame and reproach of himselfe, and y^ very English
name itselfe, as all these parts doe witness.

Sir, our second answer is, (y* we may not lay all y® load
upon other men's backs) y* possibly a sweete cup hath
rendered many of us wanton and too active.

For we have long drunck of y° cup of as great liberties
as any people y* we can heare of under the whole
Heaven.

We have not only been long free (together with all
English), from y^ iron yoaks of wolfish Bishops and their
Popish ceremonies (against whose cruell oppressions, God
raised up your noble spirit in Parliament) ; but we have
sitten quiet and drie from y*' streams of blood spilt by y""
warr in our native C(5untry. We have not felt y** new
chains of y*" Presbyterian tyrants ; nor (in this colonie)
have we been consumed with y® over-zealous fire of y*' (so
called) Godly and Christian magistrates.

Sir, we have not known what an excise means. We
have almost forgotten what tythes are ; yea, or taxes,
either to Church or Common weale.

Sir, we could name other speciall priviledges (ingredi-
ents of our sweete cup), which your great wisdome knows
to be very powerfull (except more than ordinarie watch-

AND PROVIDENCE PLANTATIONS. 289

fulnesse), to render y® best of men wanton and forget- 1654.

full. ^^^v^-

But blessed be your love, and your loving heart and
hand, awakening any of our sleepie spirits by your sweete
alarms ; and blessed be your noble family (roote and
branch), and all your pious and prudent engagements and
retirements. We hope you shall noe more complaine of
y® saddinge of your loving heart, by y® men of Providence
Towne, or Providence Colonie ; but y*, sir, when we are
gone and rotten, our posteritie and children after us, shall
read iu our Towne records, y® pious and favourable letters
and loving kindness to us ; and this answere and reall
endeavours after peace and righteousnesse, and to be
found. Sir,

Your most obliged and most

humble servants,
The Towne of Providence, in
Providence Colonie, in
New-England,
GREGORIE DEXTER,

Towne Clarke.
To y*" truly hon'ble
Sir Henry Yane,
at his house, at Belleaw,
in Lincolnshire,
these present.

RECORDS OF THE COLONY OF RHODE ISLAND,

Order to Massachusetts, from the Lord Protector's Coun-
cil, relating to Roger Williams and Providence charter.

To the Right Worshipful the Governor and Assistants,
and the rest of our worthy friends in the Plantation of
Massachusetts Bay.*

Our much honoured friends :

Taking notice, some of us, of long-time, of Mr.
Roger Williams, his good affections and conscience, and
of his sufferings by our common enemy and oppressor of
God's people, the prelates ; as also of his great industry
and travels in his printed Indian labours in your parts
(the like whereof we have not seen extant from any part
of America), and in which respect it hath pleased both
Houses of Parliament to grant unto him and friends with
him, a free and absolute charter of civil government for
those parts of his abode, and withal sorrowfully resenting,
that amongst good men (our friends), driven to the ends
of the world, exercised with the trials of a wilderness, and
who mutually give good testimony each of the other (as
we observe you do of him, and he abundantly of you),
there should be such a distance. We thought it fit, upon
divers considerations, to profess our great desires of both
your utmost endeavours of nearer closing and of ready ex-
pressing those good affections (which we perceive you
bear to each other), in the actual performance of all
friendly offices. The rather because of those bad neigh-
bours you are likely to find too near you in Virginia, and
the unfriendly visits from the West of England and from
Ireland. That howsoever it may please the Most High to

* Hutchinson's Hist, of Massachusetts Bay. Hazard's State Papers,
-vol. i. p. 495.

AND PROVIDENCE PLANTATIONS. 291

shake our foundations, yet the report of your peaceable 1654.

and prosperous plantations, may be some refreshment to ^>-*»^v-^--
Your true and faithful friends,
Cor. Holland, Robert Harley,

John Blackistow, John Gurdon,

Isaac Pennington, Northumberland,

Miles Corbett, P. Wharton,

Oliver St. John, Tho. Barrington,

Gilbert Pickering, William Masham.

[Roger Williams soon after his return from England,
addressed the following letter, in his official capacity, to
the General Court of Massachusetts ; and although not
mentioned in the records, it is given as presenting a faith-
ful account of the state of the Colony at the time.]

Letter from Roger Williams, President of Providence
Colony, to the General Court of Massachusetts.

Providence, 5, 8, 1654 (so called).
Much honoured Sirs :

I truly wish you peace, and pray your gentle accept-
ance of a word, I hope not unreasonable.

We have in these parts a sound of your meditations of
war against these natives, amongst whom we dwell. I
consider that war is one of those three great, sore plagues,
with which it pleaseth God to affect the sons of men. I
consider, also, that I refused, lately, many offers in my
native country, out of a sincere desire to seek the good
and peace of this.

292 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. I remember, that upon the express advice of your
'"^'^^■'^^ ever honored Mr. Winthrop, deceased, I first adventured
to begin a plantation among the thickest of these bar-
barians.

That in the Pequod wars, it pleased your honored gov-
ernment to employ me in the hazardous and weighty ser-
vice of negotiating a league between yourselves and the
Narragansets, when the Pequod messengers, who sought
the Narragansets' league against the English, had almost
ended that my work and my life together.

That at the subscribing of that solemn league, which,
by the mercy of the Lord, I had procured with the Narra-
gansets, your government was pleased to send unto me the
copy of it, subscribed by all hands there, which yet I keep
as a monument and a testimony of peace and faithfulness
between you both.

That since that time, it hath pleased the Lord so to order
it, that I have been more or less interested and used in all
your great transactions of war or peace between the English
and the natives, and have not spared purse, nor pains, nor
hazards (very many times), that the whole land, English
and natives, might sleep in peace securely.

That in my last negotiations in England, with the Par-
liament, Councill of State, and his Highness, I have been
forced to be known so much, that if I should be silent, I
should not only betray mine own peace and yours, but
also should be false to their honorable and princely names,
whose loves and affections, as well as their supreme au-
thority, are not a little concerned in the peace or war of
this country.

At my last departure for England, I was importuned by
the Narraganset sachems, and especially by Ninigret, to
present their petition to the high sachems of England, that
they might not be forced from their religion, and, for not
changing their religion, be invaded by war ; for they said
they were daily visited with threatenings by Indians that
came from about the Massachusetts, that if they would not

AND PROVIDENCE PLANTATIONS. 293

pray, they should be destroyed by war. With this their 1654.
petition I acquainted, in private discourses, divers of the ^-«^^-— »-^
chief of our nation, and especially his Highness, who, in
many discourses I had with him, never expressed the least
tittle of displeasure, as hath been here reported, but, in
the midst of disputes, ever expressed a high spirit of love
and gentleness, and was often pleased to please himself
with very many questions, and my answers, about the In-
dian affairs of this country ; and, after all hearing of your-
self and us, it hath pleased his Highness and his Council
to grant, amongst other favors to this colony, some ex-
pressly concerning the very Indians, the native inhabitants
of this jurisdiction.

I, therefore, humbly offer to your prudent and impartial
view, first, these tv/o considerable terms, it pleased ^he
Lord to use to all that profess his name (Rom. 12: 18), if
it be possible, and all men.

I never was against the righteous use of the civil sword
of men or nations, but yet since all men of conscience or
prudence ply to windward, to maintain their wars to be
defensive (as did both King and Scotch, and English, and
Irish too, in the late wars), I humbly pray your considera-
tion, whether it be not only possible, but very easy, to live
and die in peace with the natives of this country.

For, secondly, are not all the English of this land, gen-
erally, a persecuted people from their native soil? and
hath not the God of peace and Father of mercies made
these natives more friendly in this, than our native coun-
trymen in our own land to us ? Have they not entered
leagues of love, and to this day continued peaceable com-
merce with us ? Are not our families grown up in peace
amongst them ? Upon which I humbly ask, how it can
suit with Christian ingenuity to take hold of some seeming
occasions for their destructions, which, though the heads
be only aimed at, yet, all experience tells us, falls on the
body and on the innocent.

Thirdly, I pray it may be remembered how greatly the

594 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. name of God is concerned in this affair, for it cannot be
"^-*'"^''*»-' hid, how all England and other nations ring with the glo-
rious conversion of the Indians of New-England. You
know how many hooks are dispersed throughout the na-
tion, of the subject (in some of them the Narraganset chief
sachems are publicly branded, for refusing to pray and be
converted) ; have all the pulpits in England been com-
manded to sound of this glorious work (I speak not ironi-
cally, but only mention what all the printed books men-
tion), and that, by the highest command and authority of
Parliament, and church wardens went from house to
house, to gather supplies for this work.

Honored Sirs,

Whether I have been and am a friend to the natives
turning to civility and Christianity, and whether I have
been instrumental, and desire so to be, according to my
light, I will not trouble you with ; only I beseech you
consider, how the name of the most holy and jealous God
may be preserved between the clashings of these two,
viz. : the glorious conversion of the Indians in New-
England, and the unnecessary wars and cruel destructions
of the Indians in New-England.

Fourthly, I beseech you forget not, that although we
are apt to play with this plague of war more than with
the other two, famine and pestilence, yet I beseech you
consider how the present events of all wars that ever have
been in the world, have been wonderful fickle, and the
future calamities and revolutions, wonderful in the latter
end.

Heretofore, not having liberty of taking ship in your
jurisdiction, I was forced to repair unto the Dutch, where
mine eyes did see that first breaking forth of that Indian
war, which the Dutch begun, upon the slaughter of some
Dutch by the Indians ; and they questioned not to finish
it in a few days, insomuch that the name of peace, which
some offered to meditate, was foolish and odious to them.
But before we weighed anchor, their boweries were in

AND PROVIDENCE PLANTATIONS. 295

flames ; Dutch and English were slain. Mine eyes saw 1654.
their flames at their towns, and their flights and hurries of ^-^^-^*=-'
men, women and children, the present removal of all that
could for Holland ; and, after vast expenses, and mutual
slaughters of Dutch, English and Indians, about four
years, the Dutch were forced, to save their plantation
from ruin, to make up a most unworthy and dishonorable
peace with the Indians.

How frequently is that saying in England, that both
Scotch and English had better have born loans, ship
money, &c , than run upon such rocks, that even success
and victory have proved, and are yet like to prove. Yea,
this late war with Holland, however, begun with zeal
against God's enemies, as some in Parliament said, yet
what fruits brought it forth, but the breach of the Parlia-
ment, the enraging of the nation by taxes, the ruin of
thousands who depended on manufactures and merchan-
dize, the loss of many thousand seamen, and others ; many
of whom many worlds are not worthy ?

But, lastly, if any be yet zealous of kindling this fire for
God, &c., I beseech that gentleman, whoever he be to lay
himself in the opposite scale, with one of the fairest buds
that ever the sun of righteousness cherished, Josiah, that
most zealous and melting-hearted reformer, who would to
war, and against warnings, and fell in most untimely
death and lamentations, and now stands, a pillar of salt to
all succeeding generations.

Now, with your patience, a word to these nations at
war (occasion of yours), the Narragansets and Long-
Islanders, I know them both experimentally, and there-
fore pray you to remember,

First, that the Narragansets and Mohawks are the two
great bodies of Indians in this country, and they are con-
federates, and long have been, and they both yet are
friendly and peaceably to the English. I do humbly con-
ceive, that if ever God calls us to a just war with either
of them, he calls us to make sure of the one to a friend.

296 RECORDS OF THE COLONY OP RHODE ISLAND,

1654. It is true some distaste was lately here amongst them, but
-^-^'^-'^^^ they parted friends, and some of the Narragansets went
home with them, and I fear that both these and the Long-
Islanders and Mohegans, and all the natives of the land,
may, upon the sound of a defeat of the English, be in-
duced easily to join each with other against us.

2. The Narragansetts, as they were the first, so they
have been long confederates with you ; they have been
true, in all the Pequod wars, to you. They occasioned
the Mohegans to come in, too, and so occasioned the Pe-
quods' downfall.

3. I cannot yet learn, that it ever pleased the Lord to
permit the Narragansetts to stain their hands with any
Enghsh blood, neither in open hostilities nor secret mur-
ders, as both Pequods and Long-Islanders did, and Mohe-
gans, also, in the Pequod wars. It is true they are bar-
barians, but their greatest offences against the English
have been matters of money, or petty revenging of them-
selves on some Indians, upon extreme provocations, but
■God kept them clear of our blood.

4. For the people, many hundred English have ex-
perimented them to be inclined to peace and love with the
Enghsh nation.

Their late famous long-lived Canonicus so lived and
died, and in the same most honorable manner and solem-
nity (in their way), as you laid to sleep your prudent
peace-maker, Mr. Winthrop, did they honor this, their
prudent and peaceable prince. His son, Mexham, in-
herits his spirit. Yea, through all their townes and
countries, how frequently do many, and oft-times one
Englishman, travel alone with safety and loving-
kindness !

The cause and root of all the present mischief, is the pride
of two barbarians, Ascassassotic, the Long-Island sachem,
and Ninigret, of the Narraganset. The former is, proud
and foolish ; the latter is proud and fierce. I have not
seen him these many years, yet from their sober men I
hear he pleads,

AND PROVIDENCE PLANTATIONS. 297

First, that Ascassassotic, a very inferior sachem, bearing 1654.
himself upon the English, hath slain three or four of his ^-*^v-*=.
people, and since that, sent him challenges and darings to
fight, and mend himself.

2. He, Ninigret, consulted by solemn messengers,
with the chief of the English Governors, Major Endicott,
then Governor of the Massachusetts, who sent him an im
plicit consent to right himself, upon which they all plead
that the Enghsh have just occasion of displeasure.

3. After he had taken revenge upon the Long-
Islanders, and brought away about fourteen captives,
divers of their chief women, yet he restored them- all
again, upon the meditation and desire of the English.

4. After this peace made, the Long-Islanders, pre-
tending to visit Ninigret, at Block-Island, slaughtered of
his Narragansets near thirty persons, at midnight, two of
them of great note, especially Wepiteammoc's son, to
whom Ninigret was uncle.

5. In the prosecution of this war, although he had
drawn down the Islanders to his assistance, yet upon pro-
testation of the English against his proceedings, he re-
treated and dissolved his army.

Honored Sirs,

1. I know it is said the Long-Islanders are subjects ;
but I have heard this greatly questioned, and, indeed, I
question whether any Indians in this country, remaining
barbarous and pagan, may with truth or honor be called
the English subjects.

2. But grant them subjects, what capacity hath their
late massacre of the Narragansets, with whom they had
made peace, without the English consent, though still un-
der the English name, put them into?

3. All Indians are extremely treacherous ; and if to
their own nation, for private ends, revolting to strangers,
what will they do upon the sound of one defeat of the
English, or the trade of killing English cattle, and per-
sons, and plunder, which will, most certainly be the trade,

298 RECORDS OF THE COLONY OF RHODE ISLAND,

1654. if any considerable party escape alive, as mine eyes be-
■^'^^^-^^^ held in the Dutch war.

But, I beseech you, say your thoughts and the thoughts
of your wives and little ones, and the thoughts of all Eng-
lish, and of God's people in England, and the thoughts of
his Highness and Council (tender of these parts), if, for
the sake of a few inconsiderable pagans, and beasts, wal-
lowing in idleness, stealing, lying, whoring, treacherous
witchcrafts, blasphemies, and idolatries, all that the gra-
cious hand of the Lord hath so wonderfully planted in the
wilderness, should be destroyed.

How much nobler were it, and glorious to the name of
God and your own, that no pagan should dare to use the
name of an English subject, who comes not out, in some
degree, from barbarism to civility, in forsaking their filthy
nakedness, in keeping some kind of cattle, which yet your
councils and commands may tend to, and, as pious and
prudent deceased Mr. Winthrop said, that civility may be
a leading step to Christianity, is the humble desire of your
most unfeigned all services of love,

EOGER WILLIAMS,
of Providence Colony,

President.

lNd providence plantations.

1655.

The Roule of if Freemen of if Colonie of everie Toivne.

PROVIDENCE.

William Arnold,
Thomas Angell,
James Ashton,
John Browne,
Samuel Bennett,
William Burrowes,
Henrie Browne,
Hugh Buitt,
Thomas Clement,
Nathaniel Dickens,
Gregorie Dexter,
William Carpenter,
John Feild,
William Feild,
Arthur Fenner,
William Harris,
Thomas Harris,
William Hawkins,
Thomas Hopkins,
Edward Jermon,
John Joanes,

Roger Mowrie,
Edward Manton,
Thomas Olney, Sen'r,
Thomas Olney, Jun'r,
Nicholas Power,
Henrie Redick,
Thomas Roberts,
John Sailes,
Thomas Sncklinge,
Christopher Smith,
Richard Scott,
Thomas Slowe,
John Throgmorton,
Roger Williams,
Robert Williams,
Robert West,
Richard Waterman,
Wm. Wickenden,
Thomas Walline,
Josua "^Vinser,
Mathew Waller.

John Anthonie,
John Alsberre,
William Almy,
John Archer,
Richard Burden,
Thomas Brooks,

PORTSMOUTH.

Nathaniel Browninge,
William Brenton,
William Baulston,
Fran: Braiton,
Nicho: Browne,
John Briggs,
20

300

RECORDS OF THE COLONY OF RHODE ISLAND,

1655.

James Badcock,

Adam Mott, Sen'r,

^^.-v-^

Tho: Brownell,

Adam Mott, Jun'r,

Thomas Burden,

John Mason,

Francis Burden,

Richard Morris,

William Baker,

William Monis,

Thomas Cornell, Sen'r,

Jonathan Mott,

Ralph Cowland,

Samuel Gennings,

Thomas Cooke, Sen'r,

John Porter,

Thomas Cooke, Jun'r,

George Parker,

John Cranston,

Arthur Paine,

Gregorie Cole,

John Roome,

John Cooke,

Phillip Sherman,

Ralph Earle,

Giles Slocum,

Edward Fisher,

John Sanford,

Thomas Fish,

James Sandes,

John Ford,

Richard Sussell,

WilHam Freebome,

John Sanford, Jun'r,

Thomas Gorton,

John Tripp,

Thomas Gennings,

John Tift,

Math: Greenell,

Fred: Sheflaeld,

Thomas Hazard,

Samuel Wilbore, Sen'r,

Richard Hawkins,

Sam'l Willson,

William Hall,

Samuel Wilbore, Jun'r,

Sam: Hutchinson,

Thomas Warde,

William Havens,

William Woodhill,

Robert Hazard,

James Wee den, Sen'r,

William James,

Robert ,

Thomas Laiton,

Henrie ■ ,

George Laighton,

Phillip Taber (1656).

John Mott,

NEWPORT.

Benedict Arnold,

Henrie Bassett,

James Barker,

Nicho. Blackford,

George Blisse,

Math. Boomer,

Henrie Bull,

John Coggeshall,

Robert Bennett,

William Coddington,

AND PROVIDENCE PLANTATIONS.

301

John Clarke,
Jeremiah Clarke,
John Crandall,
Richard Card,
Jeffery Champlin,
Robert Carr,
Caleb Carr,
Thomas Clarke,
Joseph Clarke,
John Coggeshall, Jun'r,
Nicho: Cotterell,
John Cranston,
William Case,
Thomas Cleveton,
William Dyre,
Richard Dunn,
William Devill,
Nicholas Easton,
Peter Easton,
John Easton,
John Feirefield,
Robert Griffin,
John Greene,
Edward Greenman,
Jeremiah Gould,
David Greenman,

Thomas Gould,
John Gould,
George Haman,
Bartho: Hunt,
Samuel Hubbard,
John Hall,
William Haviland,
William Jeffery,
Richard Knight,
Edward Larkin,

Marke Lucar,
William Lytherland,
James Mann,
John Peckham,
Thomas Painter,
John Parker,
Alexander Partrigge,
John Richmond,
William Richinson,
Edward Robinson,
James Rogers,
Robert Spinke,
Robert Stanton,
Tobia Sanders,
Edward Smith,
Edward Thurston,
John Thornton,
Robert Taylor,
Richard Tew,
John Smith,
Thomas Tooley,
Joseph Torey,
Thomas Vaulston,
William Vaughan,
John Vaughan,
Matthew West,
Clement Weaver,
William Weeden,,
John West,
John Wood,
James Weeden,
Clement Weaver, Jr.,
Jeremia Willis,
James Weeden, Jr.,
William Wickington,
Marmaduke Ward,
Owen Williams,

1655.

302

RECORDS OF THE COLONY OF RHODE ISLAND,

1655.

Emanu: Wooley,

Robert Birdict (1656)

V-.-v-*^

Thomas Waterman,

Thomas Dungin,

Peter Tallman,

Obadiah Holmes,

John ,

Andrew Langworth,

Robert ,

Henry Perran,

John ,

Lawrence Turner.

WARWICKE.

Edward Andrewes,

John Haydon,

George Baldwin,

Henrie Knowles,

Peter Bazicott,

John Lippet,

Richard Carder,

John More,

Walter Conigrave,

George Palmer,

John Cooke,

John Smith,

Samuel Gorton,

John Sweete,

Samuel Gorton, Jr.,

Thomas Stafford,

John Greene, Sen'r,

James Sweete,

John Greene, Jun'r,

Richard Townsend,

Peter Greene,

Walter Todd,

Thomas ,

Richard ,

James Greene,

John Townsend,

Thomas Greene,

Chris. Uthanke,

John Garriard,

John Weekes,

Thomas Evington,

Henrie Townsend,

Randall Houlden,

Stuckle Wescoate,

Ezekiell Holliman,

Robert Wescoate,

Christopher Hawxhurst,

Amos Wescoate.

AND PROVIDENCE PLANTATIONS. 303

1655.

The Generall Court of Election held at Providence,
May 22d, 1655.

Mr. Roger Williams, Moderator.

FREEMEN RECEIVED.

William Havilancl, Robert Berdick, Tobia Sanders, of
Newport. William Case, Hemy Perrie, John Feirfield,
Thomas Waterman.

Mr. Roger Williams, President.

Mr. Thomas Olnie, Assistant for Providence, and next
in voate Mr. Dexter.

Mr. John Roome, Assistant for Portsmouth, Mr. Baul-
ston next.

Mr. Benedict Arnold, Assistant for Newport ; Mr. Ed-
ward Smith next.

Mr. Randall Houlden, Assistant for Warwick ; Mr.
Holliman next.

William Lytherland, Generall Recorder, John Greene,
Jun'r, next.

George Parker, Generall Sargeant ; Rich'd Knight
next.

Capt. John Cranston, Generall Attorney.

Mr. John Sanford, Generall Treasurer ; Mr. John
Coggeshall next.

Mr. John Greene, Junior, Generall Solicitor ; Hugh
Buitt next.

RECORDS OF THE COLONY OF RHODE ISLAND,

The Court of Commissioners.

Providence.

Mr. Roger Williams,
Wm. Wickenden,
Thomas Harris,
Arthur Fenner,
Richard Waterman,
Mr. John Sailes.

Newport.

' Capt. John Cranston,
Mr. Benedict Arnold,
Mr. John Easton,
Mr. Edward Smith,
Mr. John Gould,
Henrie Bull.

Portsmouth.

'Mr. William Baulston,
Mr. John Roome,
John Tripp,
\ John Briggs,
I Thomas Laighton,
(^ Thomas Brownell.

Mr. John Greene, Sen'r,

Stucle Wescoate,

,^ . , Mr. Ezekiel Holiman,

Warwick. < ^ , „ ^ ,

John Greene, Jun r,

Richard Harcutt,

^ Christopher Hauxhurst.

1. It is ordered by the Commissioners, that William
Lytherland, Recorder, shall be f Clarke of y° Assemblie
of Commissioners.

The Court adjourned till morninge, sunne one houre
high.

AND PROVIDENCE PLANTATIONS. 305

1655.

May the 26th. ^^^^-^
Mr. Roger Williams, Moderator.

2. It is ordered, that what the President hath pre-
sented, shall be committed to a sub-committee of eight
men, two of each Towne.

For Providence, Arthur Fenner, and William Wick-
enden.

For Portsmouth, Mr. William Baulston, and Mr. John
Roome.

For Newport, Mr. Benedict Arnold, and Capt. John
Cranston.

For Warwick, Mr. John Greene, Sen'r, and Mr. Eze-
kiell Holliman.

3. It is ordered, that it shall be recorded, that be- „

' ' Records.

cause y^ Generall Court were deprived of y^ generall re-
cords, they were enforced to procure y*" coppie from y^
Towne of Providence, and two messengers sent to borrow
them of Mr. Dexter, Towne Clarke.
The Court adjourned for one houre.

4. It is ordered, that y^ officers of each Towne shall Engage-
send by warrant and deliver to y^ sargent or constable,
requiringe all such to apeere at their next Towne Meetinge

as have not yet taken their engagement to y" obedience
of y^ State of England. Such as apeere shall be desired
to subscribe to subject to y^ authority of His Highness, and
y^ Parlement of England, as y"* government is now estab-
lished. Such as refuse to apeere, or apeere and refuse
to subscribe, shall be summoned by y^ generall officer or
towne officer to apeere at y^ next Court of trialls.

5. It is ordered, that there shall be holden three Gen- Time of

' Colonie

erall Courts of tryalls in one yeare in this Colonie, after *^°'''"*'-
y'^ present Generall Court of trialls heere at Providence is
ordered. The first Court in order to be held y'' last Tues-
day in June next at Portsmouth. The second in order to
be held y" second Tuesday in October next at Newport.
The third Court in order, to be held y*" second Tuesday in

306 RECORDS OF THE COLONY OF RHODE ISLAND,

1655. March next at Warwick. And then y® next yeare y^
'-^'"^'■"*^ next court in order, to be held y" last Tuesday in June, at
Providence ; and soe followinge by turne in y*" foresaide
order, any former order notwithstandinge.

6. We further agree, that such as refuse to owne y*"
not suv °^ authoritie of his Highness y"" Lord Protector, and y*" Par-

Bcribing to
support t"
Lord Pro

support the lenient of England, as y*" government is now established ;

and to subscribe at their apeerance at y° Generall Court,
shall have noe benefit nor privilege in any law of y'' Colo-
nic in any case that shall befall, untill they have sub-
scribed y*" engagement.
Taxes°°^ "^ • ^^ ^^ ordcrod, that y° raisinge of Generall Taxes
Rates, &c. gj^^jj -^^ ordcrcd by y*" Generall Court of Commissioners,
as they shall see cause from time to time as to y*" sumes,
and how they shall be proportioned on each Towne ; as
alsoe, who in each Towne shall have power to make y^
rates, and who are to give forth warrants for y® gatheringe
of them ; as alsoe in case of any refusinge to pay, to or-
der assistance to him or them that are authorized to give
warrants, or to gather y*" rates as need shall require.
penaitiefor 8. It is ordcrod, that in case y" officers require y^ aide
iageoffi- of any persons in gatheringe of rates, or takinge of fines,
he that refuseth assistance shall forfeit ten shillings ; and
in case of breach of y° peace, or y*" apprehendinge of felo-
nious persons, any person refusinge y"* officer command-
inge his assistance in his Highness's name, he shall
answer for y*" mischiefe that shall ensue, for want of his
assistance.

0. It is ordered, that these words (to the utmost of
menfr" your powcr) be inserted in y*" engagement of y'' Generall
ofiicers, immediately after y^ words, faithfully and truly.
The Recorder engaged.
The President engaged.
Mr. John Roome, Assistant, engaged.
e'Saged!"'" 10. Itt is ordcrcd, that those Generall ofiicers that
are uppon y*" Hand, and yet unengaged, shall be ingaged
by y® Recorder, and those uppon y' maine by y^ President.

AND PROVIDENCE PLANTATIONS. 307

11. That whereas, it hath been debated in this Court 1655.
of some risinge or takinge up of armes to y^ oposeinge of ^;^^^^;'"^'
f.uthoritie by Mr. Tho: Olnie, Mr. Baulston, and Mr. oinie.
Roome, are desired to treate with him, and to declare to

him y*" miude of this Court, and y*' proceedings of y*" Colo-
nie concerninge him.

12. It is ordered, that uppon y® cominge of strangers, fuangws*!^
who are sent after into any Towne of this jurisdiction, y''
Generall and particular officers of each Towne may send

for them ; and if they see cause, returne them unto y^
jurisdiction that sends after them ; or, if they find any
case difficult, they shall call y" Towne together to know
theire mindes about them.

13. It is ordered, that Captaine John Cranston, Hen-

Sub-

rie Bull, John Greene, Jun'r, John Tripp, and Christo- ^™p','||,
pher Hawxhurst, are chosen a sub-committee to ripen ijuors^. °^
against morninge, some w^ay for suppressinge of sellinge
liquors.

Mr. Thomas Olnie, Assistant for Providence, en-
gaged.

Mr. Benedict Arnold, and Mr. John Easton are added
to y*" former six apoynted as abovesaid.

14. It is ordered, that all such as are chosen by y"^^ ^^^^^
Towne for Commissioners, each man shall be allowed commis-°^
three shillings per day by the Towne wherein they are ^'°'^^'^-
chosen. It is further ordered, that any man chosen for a
Commissioner, if he apeere not, havinge noe leave of y"
Towne for his disapeerance ; or apeeringe, shall depart

y" Court without leave, he shall loose his allowance of
three shillings per day ; and alsoe forfeite to y^ Towne
six shillings per day for each day of y'' Courts sittinge.

15. It is ordered, that theire shall be added sixpence ^u'^rfem^
per jurie man, uppon each cause tryed, soe that it now is

two shillings per jurie man for everie action.

16. For y*" preventinge of y^ great mischiefe of y*" In- ^^'^'^^J'®
dian drunkenness, it is thought meet in y' first place, thatEs'sd"^
there be two ordinarie keepers apoynted in each Towne, ta^'e"'^ '^"

308 RECORDS OF THE COLONY OF RHODE ISLAND,

1655. and that none but those shall sell any sort of strong drink,
'-'*^''"*-' either to English or Indians by retaile ; that is to say,
under a gallon ; and in case any shall be found to trans-
gress herein, they shall be fined five pounds for each
transgression, and it shall be taken by distraint by y° con-
stable, havinge a warrant from under y*" magistrates's
hands ; and halfe y*" fine shall be to y^ constable and his
aide, together with y*" informer.

Further it is agreed, that neither of those ordinarie

Indians O '

neTJ!""""' keepers shall sell to y'' Indians, above a quarter of a pint
of liquors, or wine a day, to a person. And in case any
Indian be found drunke, y*" ordinarie keeper by whose
meanes he is made drunke shall pay 20 shillings for each
person's transgression ; and y^ Indian shall pay ten shil-
lings, or be whipt, or laide necke and heels ; and this forth-
with to be taken by y" Constable, havinge a warrant either
from y'' generall or y^ Towne magistrates' hands.

Search for Furthcrmorc, be it enacted, that y^ constable and y^ or-

iiquers or ' 'J J

'"°*- dinarie keepers of each Towne, havinge a warrant from
y® magistrates handes shall have power as causes present
it selfe to them, to search any man's house to see what
quantitie of liquors or wine they have.

Jquors. It is further agreed, that what liquors are retayned in

this Colonic, shall not be sold to exceed four shillings a
quart, at peage six per pennie, throughout y*" Colonic.

Further, for y*" prevention of y^ abuse aforesaid, we
agree to enact by this present Court, that in each Towne,
or other part or parts of this Colonic wheresoever any
wine or liquors, or other sorts of stronge drinke is either
at present beinge in y*" possession of any person or persons
in this Colonic ; or shall at any time thereafter be brought
from elsewhere into this Colonie ; that person or persons
whosoever he or they bee within this Colonie, that^hath
in possession any such commoditie as is premised, shall,

of Liquorit witMu ouc wcck immediately after y'' publication of this
order, cause it all to be recorded in y'' Towne's records, in
which Towne he dwells, or is otherwise beinge, or be-

AND PROVIDENCE PLANTATIONS. 309

longinge therein, or thereto. And further, any such 1655.
drink that shall afterwards be any wayes brought into ^-*'->'-*-'
y® precincques of any towne in this Colonie from time to
time, shall be recorded as aforesaide, in y^ saide respec-
tive Towne booke or bookes ; and if any person uppon
search shall be found to have concealed any such drinke,
and not recorded y'' same within two dayes after y' bring-
ing y^ same as afore prescribed, that person or persons,
whoever he or they bee, shall forfeit all such liquors, or
other such aforesaide concealed drinke ; and y*" one halfe
of it soe forfeited, shall remaine to y^ Treasurie of y°
Towne, and y'' other halfe to y^ men apoynted to search out
and seize on such concealed drinke ; or, if any other per-
son doe informe, those, or either of those searchers, &c., he
shall have an equall share for his part of y*" said halfe for-
feiture, equivalent to either one of them; and y'' Towne Fees.
Clarke shall have after y^ rate of three pence an anchor
for recordinge of all such drink as is premised.

Further, we agree, that there shall be excise both up-
pon wine and liquors throughout y'' Colonie, after y" rate
of five shillings upon everie anchor of liquors ; and five
shillings upon everie quarter cask of wine, which shall be
taken by y*" sargent of each Towne by warrant, unless
they pay it in of their owne accord ; and it is to returne
to y^ Towne Treasurie where it is taken. Further, it is
in y^ power of each Towne to make order for y"" further
or stricter performance of this order abovesaide.

17. It is ordered, that whosoever of y^ Commissioners p^^^^^^le „;
that are chosen from amongst y*" rest for a sub-committee commutee.
and refuseth, shall forfeite two shillings for his refusall.

The Suh- Committee.

Arthur Venner, Thomas Harris, Mr. Roome, John
Tripp, Mr. Arnold, Mr. Edward Smith, Mr. Wescoate
and John Greene, Jun'r.

The Courte adjourned for one houre.

18. It is ordered, that John Parker is freed from his

RECORDS OF THE COLONY OF RHODE ISLAND,

1655. bonds of prosecutinge of Samuell Comstocke, and hath
libertie either to compose or prosecute.

19. It is ordered, that Robert Griffin shall be paide
his monie due to him from y" Colonic, paide to him out of
y*" Generall Treasurie from y*" first fines that are taken, or
rates that are made for y'' Colonic, and shall be allowed
twelve in y^ one hundred for forbearance.
Trespasses 20. It Is ordcrcd, that in case of trespasses, or tak-

to compose. , _

inge of other men's goods which may possiblie beare y^
charge of theft, there shall be libertie for y*" partie offend-
ed, to compose y*" matter with y*"^ partie offendinge, or
prosecute y*" offender legally, at his choyce ; provided, y*
person offendinge, be not a notorious delinquent formerly
in the like kinde ; and this order to stande for a tryall,
for y" convenience or inconvenience thereof untill y® Colo-
nic see cause to alter it.
Prisons. 21. It is ordered by this present Court, and alsoe by y^

Commissioners of Portsmouth and Nev/port, in behalfe of
y" two Townes aforesaide, namely : That Newport shall
build a sufficient prison at y" charge of eightie pounds ;
whereof Portsmouth shall pay twentie pounds ; in
in lieu whereof, Portsmouth shall have the use of y'' saide
prison to put theire prisoners in ; and alsoe it is ordered,
and concluded by engagement as abovesaide, that Ports-
mouth shall build a cage and stocks therein for y® use of
theire own Towne and for Newport if occasion be.

Id. It is further ordered, and also y^ Commissioners of
Providence and Warwick in behalfe of y" two Townes
aforesaid, namely : that Warwick shall build a sufficient
prison at y^ charge of fortie and one pounds, whereof
Providence is to pay six pounds ; in lieu whereof. Provi-
dence shall have use of y*" saide prison, to putt theire
prisoners in ; and also it is ordered and concluded by en-
gagement as abovesaide, that Providence shall build a suf-
ficient cage or prison, sufficient with a paire of Stocks, at
y^ charge of fourteene pounds ; which prison, cage or stocks,
Warwick alsoe shall have y'' use thereof if occasion be.

AND PROVIDENCE PLANTATIONS. 311

It is further ordered, that when y'' Colonie Courts are 1655.
uppon y" maine, y° prisons there shall be for y'' use of y^ ^-*-v-^^
Colonie ; and when y® Courts are uppon y'' Island, then
y® prisons there to be for y^ use of y'' Colonie likewise.

Id. It is ordered, that there shall be three men in
each Towne to make y" rates for y*" accomplishinge of y^
worke abovesaide. Only foure are chosen for Newport,
and it is left to each Towne to add to those three or foure
in each towne if they see good, or to change and putt
others in theire roome, but yett soe as y^ worke be not
neglected.

The men chosen.

FOR PROVIDENCE. FOR PORTSMOUTH.

Mr. Roger Williams, Mr. John Roome,

Mr. John Sayles, John Briggs,

Mr. Thomas Harris. John Tripp.

FOR NEWPORT. FOR WARWICK.

Capt. Thomas Cranston, John Greene, Jun'r,

Mr. Benedict Arnold, Mr. Ezekiel HoUiman,

Henrie Bull, Richard Harcutt.
Mr. John Easton.

22. It is ordered, that Portsmouth shall pay y^ twen-
tie pounds abovesaide to Newport and Providence, y" six
pounds to Warwicke at or before y'' twentieth of July
next.

The Court adjourned till morninge.

May the 2bth.
Mr. Roger Williams, Moderator.

23. It is ordered, that a person convicted of adulterie
by two punctuall witnesses uppon y" Island, shall be
whipt, receiving fifteen stripes at Portsmouth ; and after
a weekes respite, y® like punishment at Newport. If up-
pon y^ maine, they shall receive fifteen stripes at Provi-

Adulteric
Penaltie.

312 RECORDS OF THE COLONY OF RHODE ISLAND,

1655. dence, and after a weeks respite y^ like punishment at
-^"v--^/ Warwicke. And for a second offence, y® delinquents
shall receive y*" like punishment at all y^ foure Townes.
Further, for y"" first offence, y'' delinquents shall pay to-
wards public charges tenn pounds ; and for y® second of-
fence twentie pounds. Further, for y° first offence y^ de-
linquent shall be baleable ; but for y° second offence, not
bailable.

24. It is ordered, that in case of adulterie, a arenerall

Divorco. ' .

or towne magistrate may grant a bill of divorce against
y*" partie offendinge uppon y® demand of y^ partie of-
fended.

Id. But in all other cases of separation or divorce be-
twixt man and wife, all persons shall addresse themselves
for release to y* Generall Court of Commissioners ; and if
any persons in this Colonic shall part themselves and mar-
rie againe without y^ authoritie of y" Court of Commis-
sioners, or be convicted of carnal copulation with any
other, they shall be punished as in case of adulterie.

It is ordered, that Thomas Genings shall goe and de-
Thomas mand his wife to live with him, but in case she refuse, he

Genings.

shall make his addresse to the Generall Court of Commis-
sioners for redresse in y*" case.

25. It is ordered, that y*" Generall Recorder now

Records. •'

chosen, shall demand and receive all y® records that were
committed to Joseph Torrey, when he was chosen re-
corder. Further, it is ordered, that y'' Recorder now
chosen, shall write out in a booke suitable to that which
now is in which y*" records are, all those matters that con-
cerne y' Colonic ; that y' records of y'' landes of y^ Island
may be left at y^ disposeinge of y" two townes uppon y^
Island, and y^ Island is to be at y'' charge, both of y*
booke and transcription.

AND PROVIDENCE PLANTATIONS.

A Sub- Committee.
Mr. Thomas Harris, Capt. John Cranston,

Mr. Arthur Venner, Mr. Benedict Arnold,

Mr. John Roome, Mr. John Greene,

John Tripp, Mr. StuckelyWestcoate.

26. It is ordered, that y*^ Towne Sargent of each ^^dTrant-
Towne shall be y*" generall sargents deputie, to serve a'""*""^'"''
writt in case of haste ; and further, that y*" Generall As-
sistant in each Towne hath power to grant forth writts in

case y^ partie to be aiTCsted be in likelihood of escape be-
fore a writt from y" Recorder can be procured.

27. It is ordered, that all those acts and orders that Rejords.
have passed since y^ union of y® Colonie, shall be entered

and recorded in y*" booke of records of y^ Colonie.

28. It is further ordered by this present Assemblie, ordinarie
and hereby enacted, that, Whereas there shall be two''*'^^^"'
houses for entertainment in each Towne (accordinge to y^
former law made by this present Court), for y^ certaintie of
such houses of entertainment that shall be in present beinge

and employment in each towne ; and that this Court shall
nominate and appoynt two persons to keepe such houses
of entertainment in each towne ; and they are hereby
lawfully confirmed in y*" imployment untill each respective
towne doe nominate and appoynt two others in their
stead, and putt them in that employment actually ; and
if they apoynt one other insted of those nominated, yett
y° other by this Court nominated, shall stand actually con-
firmed in y'' employment untill another be chosen in his
stead by y'^ Towne.

That uppon consideration hereof, y" Court hath nomi-
nated and apoynted to y^ same employment, namely :

FOR PROVIDENCE. FOR PORTSMOUTH.

Roger Mowrie, Ralph Earle,

Richard Perry, John Anthonie.

House of
entertain-
ment.

Signs.

RECORDS OP THE COLONY OP RHODE ISLAND,
FOR NEWPORT. FOR WARWICK.

Robert Griffin, Mr. Stuckley Wescoate.

Wm. Lytherlancl. Mr. Robert Potter.

And this act shall be in force within ten clayes after y®
publishing hereof in each Towne ; only it is proyided,
that each Towne, or any one Towne, may add any such
one house of entertainment in theire Towne besides two
that y" Court hath apoynted ; and Mr. Baulston at Ports-
mouth, shall be at libertie to entertaine accordinge to y^
premises.

It is further ordered, that each one so apoynted as pre-
mised, for y*" saide imployment, shall cause to be sett out,
a convenient signe at y" most perspicuous place of y^ saide
house, thereby to give notice to strangers, that it is a house
of publick entertainment ; and this to be done with all
convenient speede.
capt^ 29. That an answer of Captaine Morris his letter,

shall be sent to Plymouth accordinge as it is drawne upp
by y^ President.

30. It is ordered, that y^ President shall give libertie
to Mr. John Coggeshall to contract a new marriage.

31. It is ordered, that uppon a petition, y^ President,
at y*" latter end of June next, shall treate with Mr. Wm.
Dyre, concerninge y" vessell of Mr. Christopher Almie ;
and, if finding it just, shall write in y^ behalfe of said
Christopher to y*" authoritie in England to regulate y*" mat-
ter and relieve y^ petitioner.

swearinge 32. It Is ordcrcd, in case any be found to be a noto-
!w ^curB- ^,^^^g ^^^^ customarie swearer, and curser, if complained
on, and due probation made to y'' Magistrate of Towne or
Colonie, for y* first defaultt, he shall be admonished; and
for second complaynt and probation, he shall either sitt in
y*" stocks two houres, or pay five shillings, which y" mag-
istrate shall have power to effect.

33. It is ordered, that y"* Recorder (in case there be
noe suites dependinge,) shall give notice timely to the

Morris.

Mr. Cogges
hall.

ChriBto,
Almie.

AND PROVIDENCE PLANTATIONS. 31^

severall Townes, or to y'' maine, to y" onetowne, and to y' 1G55.
two Townes uppon y'' Island, to preventy'' Courts; and '-''"^'-^*-
shall have thirteen shillings and fourepence for his^™^^'Jf°f>
paines and charge, for such sendinge an expresse and
messenger.

34. It is ordered, that in case any Generall Assistant ^s"'^"^"'-
shall be wan tinge in any Towne, it shall be in y® power of

y'' Towne to choose another.

35. It is ordered, that Mr. Roome and John Briggs g^™
shall take care in Thomas Genings case, and to treate
with his wife, and to declare y® Court's minde concerninge
her, and to bringe a true report to y'' next Generall Court

of trialls.

36. Whereas, Mr. Burden hath petitioned to this As- Burden.
semblie for redress in a case, wherein he is bound over to

y^ Generall Court to prosecute Samuel Willson, in a case
of suspicion of felonie ; and y*' saide Richard Burden pro-
fessinge before this Court, that he doth not charge him,
neither can he make proof of any such matter ; this Court
findinge y'' matter not fit to be brought to a Court of try-
alls, he, y" saide Burden having cleared him, doe give an
order for y^ bonds to be withdrawne.

37. It is ordered, that y® Recorder shall have for y®
writinge of y^ acts of this Court, and coppies to each towne,
eight shillings of each towne.

FFINIS.

RECORDS OF THE COLONY OF RHODE ISLAND,

June y' 2m, 1655.
The Court of Commissioners at Portsmouth.

FOR PROVIDENCE.

Mr. Roger Williams,
Mr. Thomas Olriey,
William Feild,
William Dyre,
Mr. James Barker,
Mathew West.

FOR PORTSMOUTH.

Mr. William Banlston,
Mr. John Roome,
John Briggs,
John Tripp,
Thomas Lighton,
Thomas Brownell.

FOR NEWPORT.

Capt. John Cranston,
Mr. Benedict Arnold,
Mr. Edward Smith,
Mr. John Gould,
Mr. Joseph Clarke,
John Greene.

FOR WARWICK.

Mr. Sam'l Gorton, Sen'r,
Mr. Randall Houlden,
Mr. John Weekes,
Mr. Robert Potter,
Mr. Ezekiel Holiman,
John Greene, Jun'r.

1. Ordered, that the Recorder is Clarke of y'' As-
semblie.

His Highness' Letter to y^ Colonic read.

To our trustie and well-beloved y^ President, Assistants
and Inhabitants of Rhoade Island, together with y" rest
of y^ Providence Plantations in y" Narragansetts Bay,
in Nev7 England.

Gentlemen :

Your agent here hath represent-
ed unto us some particulars concerninge your Government
which you judge necessary to be settled by us here ; but
by reason of y*" other great and weightie affaires of this
Commonwealth, we have been necessitated to deferr y^

AND PROVIDENCE PLANTATIONS. 317

consideration of them to a further opportimitie ; for y^ 1655.
meane time we were willinge to lett you Imow, that you ^-*»--v-<fc^
are to proceede in your government according to y^
tenor of your Charter formerly granted on that behalfe,
takinge care of y" peace and safetie of those plan-
tations ; that neither through any intestine commotions,
or forragne invasions, there doe arise any detriment or dis-
honour to this Commonwealth or yourselves, as farr as you
by your care and diligence can prevent. And as for y"
things which are before us, they shall as soone as y*" other
occasions will permit, receive a just and fittinge determi-
nation. And soe we bid you farewell and rest.
Your verrie lovinge friend,

OLIVER. P.
29th March, 1655.

The Court adjourned till morning.

June y^ 2Wi, 1655.

Captaine Morris in y^ roome of John Gould and William
Lytherland in y*" roome of John Greene, both for New-
port.

Mr. Roger Williams, Moderator.

1. It is ordered, to prevent deficiences in non-appear- commis-

'■ ^ ^ sioners.

ance of Commissioners, we confirme y"" former law iu;. ; j
at 'Warwicke and confirmed at Providence in May last,
that y® commissioners chosen in May last shall stand till
y'' first Tuesday in May next, except y^ Townes shall
please to choose another and send others.

2. It is ordered, for y^ more speedy callinge of the Messenger.
Generall Assemblie, that twentie shillings be allowed out

of y^ publicke treasurie for satisfaction of a speedy mes-
senger to repaire with letters or warrants unto all y® sever-
all Townes of this Colonic respectively,

3. It is ordered, that a letter of Thanksgivinge may 5,tanL*ST-
be sent from this court to Mr. John Clarke in England ; '°^^'
and as Mr. Clarke hath advised us, a letter of our humble
Thanksgivinge to y* Lord President of y^ Councill, in

318 RECORDS OF THE COLONY OF RHODE ISLAND,

1G55. which shall be our prayer to his Lordship, to present our

^-^^^-*-' huuible submission and acknowledgment to his Highness
y" Lord Protector.

4. That since we have certaine information that his
Highness hath lately received complaints against us, that

Whoredom yfQ abouudc wlth whorcdom ; it is ordered, that uppon y®
complainte of solicitations, to whoredom, of wanton and
laciviousnesses tendinge to whoredome, of y'' assaultinge
of a woman, tendinge to ravishment, y'' generall and par-
ticular magistrates of each towne assemblinge together,
shall have power, uppon due probation to theire under-
standinges, either to bind such persons over to theire good
behaviour, or to bind them to answer to y° next generall
or particular court of tryalls ; or to inflict some moder-
ate corporall punishment uppon them as they shall see
fit.

But if any such complaint by y® magistrates carefull ex-
amination shall be found false, it shall be in y"^ power of
y^ said magistrates to inflict y*" selfe same punishment up-
pon y*" complainant, which y*" partie falslie accused should
have suffered.

1^1!°" 5. Whereas, y' Generall Sargent prayed y*" resolution
of this court unto this querie, viz. : whether y*" generall
sargents fees for y^ matter of execution be part of y^ costs
of y^ Court.

It is declared by this Court, that y^ Sargents fees uppon
the matter of execution, are a part of y" costs of y'' court.

of Factions! 6. Whcrcas, we have been rent and torne with divi-
sions ; and his Highness hath sent us an expresse com-
mand under his hande and scale, to provide against intes-
tine commotions (by which his Highnesse noteth), that
not only ourselves are dishonored and endangered, but
alsoe that dishonour and detrement redound to y® Com-
monwealth of England.

It is ordered, that if any person or persons be found by
y° examination and judgment of y'' Generall Court of
Commissioners to be a ringleader or ringleaders of fac-

AND PROVIDENCE PLANTATIONS.

319

tions, or divisions amongst us, he or they shall be sent 1655.
over at his, or their owne charges as prisoners, to receive ^-^^v**^
his or theire tryall and sentence at y^ pleasure of his
Highness and y"" Lords of y® Councell.

7. Whereas, Elizabeth, y*" late wife of Mr. John Cog-Euzabetu

' . . Coggeshall.

geshall, by mutuall and voluntarie consent of both parties,
was absolutly separated from him. And whereas, y^
Generall Court of Commissioners y^ last at Providence,
havinge long and mature knowledge of y*' cause and just
grounds of their proceedings presented to them, granted to
Mr. John Coggeshall y^ libertie of contractinge a new
marriage, x'^nd whereas, y® said^ Elizabeth hath now
presented her petition to this Court for y" favourable grant
of y^ same equall libertie ; the Court hath granted her pe-
tition, and order this grant to be declared to her under y''
hand of y® President.

8. It is ordered, that y^ President shall write to Pli-
mouth about y'' grasse which Portsmouth has purchased of
y" Indians uppon y® maine.

9. Uppon y*" complaint of Mr. John Gould to this committee

i ^ "^ ^ concernmge

Court aboute y' Indians deprivall of f Island of y' use of C'^""'^>*=""-
y^ grasse of Conannicut, this Court orders a committee
chosen to treate with y*" Narragansett sachems, and to sig-
nifie to them how that y"" President hath here openlie
avouched y'' Islands' right as a spetiall witness of y° grant
of theire dead sachems, which he saieth he hath lately
avouched to y^ sachems themselves at y'' Narragansetts ;
and if they suffer us not to enjoy our rights peaceably,
they shall alsoe, in y*-' name of this colonic peremtorilie
desire to know of them, whether they are resolved to
breake with us, that we may prepare ourselves to resist
them, and to deal with them as enemies, and noe longer
willinge to be at peace with us.

10. If any person shall be accused of robbing of any Graves,
grave ; if y^ Court be satisfied of y'' probation of it, y^
partie or parties offendinge, shall be fined or suffer corpo-

Execution
prices to be
appointed ;

320 RECORDS OF THE COLONY OF RHODE ISLAND,

1655. rail punishment, or both, as y*" Generall Court of tryalls
shall judge.

11. For y*" apprizinge of goodes seized by y" Generall
lad plnliue Sargeut in y® poynt of execution ; y*" Generall Sargent

shall warne two men of some convenient knowledge in y*"
valuation of goods, cattle or chattell, to helpe in y" ap-
prizement as aforesaide. If any refuse their assistance up-
pon this warninge, he or they shall pay twentie shillings
a man, fine ; to be levied by a warrant from y*" magis-
trate ; and if they assist, they shall be allowed three
shillings for any present service, that may take up some-
time to y" value of halfe a day. And, if above a dayes
time, then three shillings per day ; and this to be allowed
out of y^ costs of y'' suite. This law to be immediately in
force to promote present justice.

The Court adjourned till morninge, sunn an houre
high ; and he that stays longer shall pay twelve pence.

June the ^Oth, 1655.
The Court called. Mr. Williams, Moderator.

12. Ordered, that there be a sub-committee of six
men to consider aboute some way of preventinge the sale
of ammunition to y*" Indians.

Mr. Olney, Mr. Arnold, Captaine Cranston, Mr. Houl-
den, Mr. Dyre and John Tripp.

13. It is ordered, that an accompt shall beglven within
ten dayes after y'' publication hereof, to y*" head officer of
everie Towne, shall be given of what powder, lead and shot
there is in the possession of everie inhabitant of y'' townes
respectively ; and if y" magistrate shall suspect, either of
grounds from himselfe, or information from others, that a
due accompt be not given, he shall empower y*" Constable
from time to time, to search ; and if any be found not soe
recorded, it shall be forfeited ; halfe to y® Constable, and
his aide, and halfe to y' State. And that this order be
of force till y' next sittinge of y° Court of Commissioners ;

Account to
be taken of
the ammu-
nition in ye
Colony.

AND PROVIDENCE PLANTATIONS.

321

at which time a returne shall be made of y^ quantities that 1655.
are all ready, or which shall be imported in y^ meane ^-^"v-**-/
time, and a due account rendered by y^ persons that shall
have, or have had any of y" goods premised in theire
hands to y" end that y*" next Generall Court may take
course for y*' dew provision for y" safetie of y" Colonic in
that respect.

14. It is ordered, that in respect to Capt. Morris's capt. Mom?
case is presented to Plymouth, his bill is referred till the
answare be returned.

15. It is ordered, that Mr. William Dyre, and Mr. ^^[^=i^t^'.';p="f
Nicho: Easton shall bringe in their accompt of y'' State's °*°'"''''-
part due to his Highness to y^ next court of Commission-
ers, and that they shall have intelligence of y® time by y*"
President or Generall Recorder.

16. It is ordered, that y*" President, Mr. Rosrer Wil- r^cttors to ye

' -^ ^ n Lord Presi-

liams, Mr. Wm Baulston, Mr. Benedict Arnold, and Mr. 'i^^'' *«
Gorton are apoynted to subscribe and forme y" letters to
y* Lord President and Mr. John Clarke.

17. It is ordered, that y' Charter shall remaine where it sJ!,^te'^4''or-
now is ; and y" Councill of State's orders where they nowms'kigh-
are, and y^ letter from his Highness in the hands of Mr. "'''''' '^
Benedict Arnold, of Newport, all Avhich there to be till y*"
Court take further order.

18. It is ordered, that in case any man shall strike court""" '"
another person in y* Court, he shall either be fined

ten pounds, or be whipt accordinge as y^ court shall see
meete.

19. It is ordered, that y" Recorder shall have of each ciarke's fees
Towne six shillings and eight pence for y" acts of this
Court, and copies to each Towne.

FFINIS.

RECORDS OF THE COLONY OF RHODE ISLAND,

Letter from Mr. Roger Wiliiams, President of Providence
Plantations, to the General! Court of Magistrates and
Deputies assembled, at Boston.

Providence, 15, 9mo. '55 {so called).
Much honored Sirs,

It is my humble and earnest petition unto God and
you, that you may be so pleased to exercise command
over your own spirits, that you may not mind myself nor
the English of these parts (unworthy with myself of your
eye), but only that face of equity (English and Christian)
which I humbly hope may appear in these representations
following.

First, may it please you to remember, that concerning
the town of Warwick (in this colony), there lies a suit of
£2000 damages against you before his Highness and the
Lords of his Councill ; I doubt not, if you so please, but
that (as Mr. Winslow and myself had well nigh ordered it)
some gentlemen from yourselves and some from Warwick,
deputed, may friendly and easily determine that affair be-
tween you.

Secondly, the Indians which pretend your name at
Warwick and Pawtuxet (and yet live as barbarously, if
not more than any in the country), please you to know
their insolences upon ourselves and cattle (unto £20 dam-
ages per annum), are insufferable by English spirits ; and
please you to give credence, that to all these they pretend
your name, and afi&rm that they dare not (for offending
you) agree with us, nor come to rules of righteous neigh-
borhood, only they know you favor us not and therefore
send us for redress unto you.

Thirdly, concerning four English families at Pawtuxet,
may it please you to remember that two controversies

AND PROVIDENCE PLANTATIONS. 323

tliey have long (under your name) maintained with us, 1655.
to a constant obstructing of all order and authority '-^''''*-^
amongst us.

To our complaint about our lands, they lately have pro-
fessed a willingness to arbitrate, but to obey his Highness'
authority in this charter, they say, they dare not for your
sakes, though they live not by your laws, nor bear your
common charges, nor ours, but evade both under color of
your authority.

Honored Sirs, I cordially profess it before the Most
High, that I believe it, if not only they but ourselves and
all the whole country, by joint consent, were subject to
your government, it might be a rich mercy ; but as
things yet are, and since it pleased first the Parliament,
and then the Lord Admiral and Committee for Foreign
Plantations, and since the Council of State, and lastly the
Lord Protector and his Council, to continue us as a dis-
tinct colony, yea, and since it hath pleased yourselves, by
public letters and references to us from your public courts,
to own the authority of his Highness amongst us ; be
pleased to consider how unsuitable it is for yourselves (if
these families at Pawtuxet plead truth) to be the obstruc-
tors of all orderly proceedings amongst us ; for I humbly
appeal to your own wisdom and experience, how unlikely
it is for a people to be compelled to order and common
charges, when others in their bosoms, are by such (seem-
ing) partiality exempted from both.

And, therefore (lastly), be pleased to know, that there
are (upon the point) but two families which are so ob-
structive and destructive to an equal proceeding of civil
order amongst us ; for one of these four ftimilies, Stephen
Arnold, desires to be uniform with us ; a second, Zacha-
rie Rhodes, being in the way of dipping, is (potentially)
banished by you. Only William Arnold and William
Carpenter (very for, also, in religion, from you, if you
knew all), they have some color, yet in a late conference,

324

RECORDS OF THE COLONY OF RHODE ISLAND,

1655. they all plead that all the obstacle is their offending of
-^"^'''"^ yourselves.

Fourthly, whereas (I humbly conceive), with the peo-
ple of this colony your commerce is as great as with any
in the country, and our dangers (being a frontier people
to the barbarians) are greater than those of other colonies,
and the ill consequences to yourselves would be not a few
nor small, and to the whole land, were we first massacred
or mastered by them. I pray your equall and favora-
ble reflection upon that your law, which prohibits us to
buy of you all means of our necessary defence of our
lives and families, (yea in this most bloody and massa-
ing time).

We are informed that tickets have rarely been denied
to any English of the country ; yea, the barbarians
(though notorious in lies) if they profess subjection,
they are furnished ; only ourselves, by former and later
denial, seem to be devoted to the Indian shambles and
massacres.

The barbarians all the land over, are filled with artillery
and ammunition from the Dutch, openly and horridly, and
from all the English over the country (by stealth). I know
they abound so wonderfully, that their activity and inso-
lence is grown so high that they daily consult, and hope,
and threaten to render us slaves, as they long since (and
now most horribly) have made the Dutch.

For myself (as through God's goodness), I have refused
the gain of thousands by such a murderous trade, and
think no law yet extant, amongst yourselves or us, secure
enough against such villainy ; so am I loth to see so many
hundreds (if not some thousands) in this colony, destroyed
like fools and beasts without resistance. I grieve that so
much blood should cry against yourselves, yea, and I
grieve that (at this instant by these ships) this cry and
the premises should now trouble his Highness and his
Council. For the seasonable preventing of which, is

AND PROVIDENCE PLANTATIONS. 621

this humble address presented to your wisdom, by liim 1656.
who desires to be ^-*-^.-*l.•

Your unfeigned and faithful servant,

ROGER WILLIAMS,
Of Providence Plantations, President.
Hon. Sirs, since my letter, it comes into my heart to
pray your leave to add a w^ord as to myself, viz.: at my
last return from England I presented your then honored
Governor, Mr. Bellingham, with an order of the Lords of
the Council, for my free taking ship or landing at your
ports, unto which it pleased Mr. Bellingham to send me
his assent in writing ; I humbly crave the recording of it
by yourselves, lest forgetfulness hereafter, again put me
upon such distresses as, God knows, I suffered when I last
past through your colony to our native country.

The General Court of Trijalls held at Warwicke if Wtli
of March, 1655-6.

The Court called.

Mr. Roger Williams, President.

Mr. Thomas Olney, Assistant.

Mr. John Roome, Assistant.

Mr. Benedict Arnold, Assistant.

Mr. Randall IToulden, Assistant.

Mr. John Greene, Sen'r, \

Mr. Ezekiel Holyman, \ Magistrates.

Mr. John Greene, Jun'r, )

William Lytherland, Recorder.

George Parker, Sargent.

Capt. John Cranston, Atturney.

326

RECORDS OF THE COLONY OF RHODE ISLAND,

1656. JURIE MEN.

Mr. John Sauford,
Joseph Torrey,
John Greene,

Mr. John Wickes, Foreman,
Mr. Henrie Recldarke,
Samuel AVilbore, Thomas Lay ton,

Obadiah Hohnes, put out, Richard Townsend.
James Sweete, for Thomas L.

Richard Waterman,
Thomas Harris,
Tho: Roberts, wanting,
Mr. William Almie,
Mr. John Briggs,

The Court adjourned till next morning.
The Court for halfe an houre, and then y'' Commission-
ers to apeere.

Commissioners

FOR PROVIDENCE.

Mr. Roger Williams,
Mr. Thomas Olney,
Mr. William Feild,
Mr. Richard Waterman,
Thomas Harris,
Thomas Roberts.

Called.

FOR PORTSMOUTH.

Mr. John Roome,
Mr. Tho. Layton,
Mr. William Almie,
Mr. Samuel Wilbore,
Mr. John Briggs,
Mr. John Sanford.

FOR NEWPORT.

Mr. Coddington,
Mr. John Easton,
Capt. Cranston,
Obadiah Holmes,
Joseph Torrey,
John Greene.

FOR WARWICK.

Mr. John Greene, Sen'r,
Mr. Ezekiell Holyman,
Mr. Samuel Gorton,
Mr. John Wickes,
Mr. John Greene, Jun'r,
Richard Townsend.

Mr. Roger Williams, Moderator.

Wm. Lytherland was chosen Clarke of y" Assemblie of
Commissioners.
Place of his Ordered, that Mr. Roger Williams shall keep y'' dupli-
wder. cate of what his Highness hath sent, and to remaine there

AND PROVIDENCE PLANTATIONS,

32:

together with y° Charter in his hands still to be at y"^ Col- 1656.
lonies disposall. >>-«»-v-^-/

" I William Coddinsfton, doe freely submit to y° au- -^'•. cod-
thoritio of his Highness in this Colonie as it is now united, en-^'at^c-ment
and that with all my heart."

This he publickly professed, in y" Gcnerall Assemblie
of Commissioners.

The Court adjourned till y*" Court of Try alls be over.

P Court of Commissioners sett y^ Vjth March, 1656.

Mr. Roger Williams Moderator.

FOR PROVIDENCE.

Mr. Roger Williams,
Mr. Richard Waterman,
Mr. Benedict Arnold,
Mr. Thomas Olney,
Mr. Thomas Harris,
Mr. William Feild.

FOR NEWPORT.

Mr. Wm. Coddingtou,
Rich'd Knight,
Capt. John Cranston,
John Greene,
Mr. John Easton,
Joseph Torrey,
Obadiah Holmes,
W. Lytherland.

FOR PORTSMOUTH.

Mr. John Roorne,
Mr. Thomas Laighton,
Mr. William Almie,
Mr. Samuel Wilbore,
Mr. John Briggs,
Mr. John Sanford.

FOR WARWICK.

Mr. John Greene, Sen'r,
Mr. Ezekiel Holiman,
Mr. Samuel Gorton,
Mr. John Weekes,
Mr. John Greene, Jun'r,
Mr. Richard Townsend.

1. It is ordered, that there shall be one of each
Towne that shall be a sub-committee in y^ case presented

Sub-
committee,

;28

RECORDS OF TPIE COLONY OF RHODE ISLAND,

1656. by Rich: Bulgar, and Capt. Morris. For Providence,
'-*''^^'""*^ Richard Waterman. Portsmouth, Mr. John Sanford.
Newport, John Greene. Warwick, Mr. Samuel Gorton,
Mr. Arnold, Capt. Cranston, Mr. Weekes and Mr. Roome
are added. Y*" towne charters are also committed to
them to consider ; and y" bill aboute any bill presented,
y*" fine thereon. Alsoe aboute traininge.
Warrant for Capt. Ricliard Mon'is, Rich: KniHit, and Amos Wes-

Pumham. ■■■ ' O '

coate are sent by VN^arrant for Pumham, to require him to
come before y^ Court.

The Court adjourned for halfe an houre.

Againe called.
Sub- 3. It is ordered, that upon complaints of y'' Towne of

committee .

pumham'° Warwlcko of oppressions by y" Indians, it is left to the
further disquisition of Mr. Roger Williams, Mr. Benedict
Arnold, Mr. Gorton and Mr. Wickes to treate with Pum-
ham and his company, and to returne y^ result to y*" next
Assemblie of Commissioners.

Mr. Cod- 4. That uppon y" complainte as^ainst Mr. Coddington

dingtonsit- . .

ting Com- sitting in Commission. It is ordered, that there shall be
a letter sent to Mr. John Clarke, in England, manifestinge
his subjection to y® present union, and y^ ground of what
under written being considered by a sub-committee. Wee
having considered and weighed y'' matter presented con-
cerning Mr. William Coddington, concerninge his present
actinge as commissioner, and doe conclude that y*" Towne
of Newport did somewdiat inconsiderately impose that ser-
vice uppon Mr. Coddington, wherein y® inconveniences to
him and the Colonic, thereby seeminge to be likely to en-
sue, were not seriously weighed beforehand. But uppon
serious debate and cleere reason, we doe think it not of
soe convenient consequence for Mr. Coddington to act,
untill some cleere advice from England and thereaboute,
having refferrence to that passage in y^ Councell of States'
letter to y*" Colonic concerning y® Dutch designs uppon y^
Colonic, which passage did arise from some complaints

AND PROVIDENCE PLANTATIONS. 329

from hence against Mr. Coddington in y'' premises, and 1656.
are, for ought we can understand, still uppon discj^uisition '-*'-^'-*^
or dependinge before y^ authoritie of England. But, for-
asmuch as Mr. Coddington hath, and doth give y*" Colonic
good encouragement of y^ truth of his good will and de-
sires for y* publicke good of y^ Colonie, by his owninge
y" union established betweene y^ Townes and y" present
way of transactinge y*^ government in y" Colonie, &c. ;
it is conceived, that for y*" cleeringe of all these grievances
or matters of complaint premised, and that we may freely
and clearly be justified in actinge with Mr. Coddington as
before premised in commission together by y® power of y^
Charter and consent of y^ Townes ; that to that end y^
Court do draw up a letter to Mr. John Clarke in England
declaring our good desires and apprehensions conceived
from Mr. Coddington's demonstrations of good affection to
y^ government, as alsoe of our owne satisfactions gener-
ally in y*' Colonie, in y*" matters of complaint premised ;
and that it would please y® honoured government in Eng-
land to give something in the way of discharging of those
matters from before them since that y" evills y' ensued up-
pon y^ distraction of those troublesome times are removed
from us, and breaches amongst us are partly composed,
and in a way of composinge to y*' good and comfort of all
parts of y*" Colonie, and y*" establishing of peace and love
among us ; which said letter we believe will be soe ef-
fectuall as to procure from thence encouragement to y®
Colonie and Mr. Coddington to act together, and to free
him from y*" danger of y" penaltie that possibly may seeme
to impend on y*" former troubles and complaintes.

Dated at Warwicke, at y*" Generall Assembly, March
y« 17th, 1655-56.

Bills Presented.

s.d.
Bartholomew Hunt, one bill, engageth y^ 6 8 paide.
Mr. Coddington, one bill, 6 8 pd.

330

RECORDS OF THE COLONY OF RHODE ISLAND,

1G56.

Mr. Win. Almie, one bill, G 8 pd.

--^-v-^

Mr. Arnold, one bill, 6 8 pd.

5. It is ordered, that y" bill presented by Richard
Harrutt against John Clawson and liis committment till
he put in sureties for y'' peace, shall be referred to y® next
Generall Court of Tryalls.

^"'^- 6. It is voted, that Mr. Coddington is not to have his

fine aboute y*" records returned.

Christopher 7. It is ordcrod, that whereas, Christopher Almy

bought a vessell of Mr. Dyre, which was , and

hath since had the vessell seized on in y" Massachusetts ;
as alsoe findinge that y*" saide vessell was noe prize by
verdict of jurie on Rhode Island. We therefore order, that
y^ saide Christopher Almie, or his Mher in his behalfe,
hath authoritie hereby to demand of Mr. Nicho: Easton
twenty-eight pounds and five shillings of y^ State's part, to
make part of restitution ; and uppon y^ payment of y" saide
payment, y"" saide William Almie or his sonn abovesaide,
givinge a receipt, it shall be a sufficient discharge to y*
saide Mr. Easton. This being received, Mr. William Al-
mie doth engage for himselfe and sonne, that they will not
trouble any in y*" Colonic, that is not any now beinge or
dwellinge in y^ Colonic.

Marriage. 8. It Is ordcrod, that marriages shall be published
either at a Towne meetinge, or on a traininge day, at y^
head of y'' Companie, or by a writinge under y*^ Magis-
trates hands fixed upon some noted place in y" Towne.

Banes. 9- Itt Is ordcrcd, that in case the Banes of marriage

be forbidden, the partie cominge before two magistrates,
shall be examined. If they disallow, they shall refer them
to the next Generall Court of Tryalls ; and if they allow,
they may marrie.

10. Itt is ordered, that no house of entertainment
shall suffer any person to tipple after nine of y^ clock at
night, except they can give a satisfactorie reason to y®
Constable or magistrate ; and y^ ordinarie keeper shall

Houses of
Entertain
inent.

AND PROVIDENCE PLANTATIONS. 331

pay five shillings, and y*" partie two shillings and six 1656.
pence, to be taken by y^ constable forthwith. ^^0^-^^^^

Ordered, that y*" constable may have a spetiall commis-
sion to search any such places, either by himselfe or by a
magistrate.

11. Itt is ordered, that y*' State's parte shall remaine state's part,
still in Mr. Easton's hands, till a letter be sent to England

to Mr. John Clarke, and an answere given ; yet this en-
trencheth not uppon y^ cause of Christopher Almy above
ordered.

12. Itt is ordered, that in answer to Mr. Arnold his Mr. Arnold's

-I • . . . accounts,

bill, that his accompts ^.beinge viewed, and findinge them
just, he shall have a discharge, and his discharge shall be
recorded, Mr. Feild, Mr. John Sanford, Joseph Torrey,
and Mr. Samuel Gorton, are appointed to view y® ac-
compts ; and in case they cannot compose, they have
power to write letters to any of y® Colonic, and to present
it to y® next Court of Commissioners.

This bill is taken up.

The Court adjourned for one houre ; and he that
comes not in that time is to forfeit two shillings to
y^ Court.

13. The Court having scanned, he is by cleer evidence
cleered, and so ordered to be recorded. It was aboute a
gunn that an Indian brought into y*" Towne of Warwick,
reported sometimes to be y^ Captain.

One bill. Captain Morris, six shillings and eight pence.
Paid.

Memo. That it is confessed and proved, that Bartholo-
mew Hunt had two hundred weight of powder, and all or'
the greatest part not given accompt of; also, seven pis-
tolls, inlaide, which an Indian saide he bought at New-
port. Joseph Torrey saieth he know of such at Newport,
viz., as he heard.

14. Itt is ordered, that y' Towne of Newport shall Barth. Hum
pay for Bartholomew Hunts powder and lead, that was
taken from him.

Bartholo-
mew Sunt.

Sonnea
when of age

332 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. Secondly. That whereas it hath been of old that Bar-

"-'•^^^"^' tholomew Hunt was recorded a perjured person; and
yett after [being] cleered by verdict, as is now proved, he
is hereby order accorded to be free.

Gunnes. Whcrcas, it is complained that there are gunnes in y*

Indians hands like unto those Mr. Coddington brought
over ; it is desired that he may give an accompt of y"" dis-
posall of his.

15. Itt is ordered, that no sonnes that are under y®
tuition of their parents, shall claime absolute freedome un-
till y^ age of twenty-one years.

Servants. IQ^ Jtt is ordcrcd, that those, that are servants pren-
tices, and although they come not to y® age of twenty-one
years when they come out of theire times, they shall be
disposed of by their parents, guardians, or towne councell
till y*" age of twenty-one years.

17. Itt is ordered, those that tolerate or countenance
sonnes or servants in licentious courses at unseasonable
times or places, those parents or master, shall forfeit £5.

Servants. 18. Itt is Ordered, that such as shall retaine any
Sonne or servant in any licivious course, unseasonable
time or place after morninge, shall forfeit five pounds.

19. Itt is ordered, that in case any young man though
above twenty-one years of age, or any sonno sooner sett
free by his father, if he shall live alone or gather more to
be with him ; if they shall live disorderly, it shall be in
the power of y® towne councell to schatter them, and if
they remove not, they shall forfeit five pounds.

Transac- 20. Whercas, there were certaine transactions which

tionaofCod- . \

dington. Yfere done in y° time of Mr. Coddington his government,
and stood in our booke of record, which might seem pre-
juditiall to himselfe or others. It being much considered
in y*" case, this Court not thinkinge it fitt to meddle with
it, ordered, that it should be cut out of our booke, which
was [done], and then delivered to Mr. Coddington. Mr.
Coddington in Court acknowledgeth that he hath noe in-
tent to prosecute Capt. Morris professing he hath nothing
against him.

AND PROVIDENCE PLANTATIONS. 333

21. Itt is ordered, that, Whereas, there are divers 1656.
presentments standing uppon a booke of records (belong- ^-^-v-^-'
ing to y® Island), against Mr. Coddington. These pre- ^'^.^^n^'jo "e
sentments shall not be, any of them prosecuted, except by

order from his Highness y'' Lord Protector.

22. Itt is ordered, that. Whereas, there are divers sundry pre-

sentments.

presentments standing uppon a booke of records (belong-
ing to y" Island), against John Richmond, Sen'r, John
Smith, George Blisse, Ilenrie Hobson, Henry Timberlake,
and Bartholomew Hunt, all of Newport. These present-
ments shall not be, any of them, prosecuted, except by
expresse order from his Highness y" Lord Protector.

23. It is ordered, that noe law or order apoynted and notTo'ife ''^
ordayned by y*" generall and publicke authoritie of this ed.*'^^''"*'*'
Colonic, shall be any v/ayes obstructed or neglected under
pretence of any authoritie of any of y® towne charters ;

but that y*' generall authoritie shall have it done and
placed according to law in all the wayes.

24. It is ordered, that if any magistrate on y'' Bench f^gt^'P'"-
dissent from y'' rest of y° magistrates in any cause, or any
Commissioner shall dissent from y® rest of y® Commission-
ers in y*" Generall Assemblie ; then any such dissenting
magistrate or commissioner may enter his protest, payinge
eighteen pence to y'' Recorder for entering it.

25. Itt is ordered, that forasmuch as it appears to be Mjjg|s^t.;ates
offensive for a magistrate to rise off y" bench when a cause ^"^3 "*
comes to be pleaded, for that thereby he prejudgeth y®

case, and forestalls y' mindes of some more or less of y^
number in y*" jurie, and thereby doth hazard y*" best and
most just cause, &c.

Be it therefore enacted, and by this present Court it is^ench.
ordered, that if any magistrate shall from henceforth, in
any of our Courts, uppon y^ proposinge and pleadinge a
cause there before them, rise off y^ Bench without leave
of y^ Court, he shall be liable to pay five pounds, in case
the cause dependinge be layde a hundred pounds or un-
der ; and in case it be laide above a hundred pounds, then

334

RECORDS OF THE COLONY OF RHODE ISLAND,

1656.

Repeale.

Incestious
Marriages.

Supiua,

Penaltie of
false charge.

to pay a tenn pounde fine ; and those fines to be taken
'by a distringas from y*" Generall Recorder, to be delivered
into y*" Treasurie to which it belongs.

26. It is ordered, that that law made May 22d, 1655,
at Providence, concerninge y" felonious takinge away of
other men's goods, that they may compose it, is repealed.

The Court adjourned till morning, sunne halfe an hour
high ; and if thirteen meete they shall act, and y*" rest
fined one shilling per man.

27. Itt is ordered, that all those fines that are com-
mitted aboute y*" Generall Courts, as of juriemen, &c.,
shall all returne and belong to y*" Generall Treasurie.

28. It is ordered, that incestious marriages be null,
and y^ parties ofifendinge suffer y*" punishment of adul-
terie ; and that y"" prohibitions of incestious marriages ex-
tend to y*" degrees prohibited by y° lawes of England,
untill the Colonie further order.

29. It is ordered, that he that is employed by a
supina shall be payed by those that occasioneth it, from
y® time of his settinge forth untill he returne home ; pro-
vided he take y° first opportunity ; and y" charge of wit-
nesses suppeened for his Highness and y'' Colonies service
shall be borne by y'' delinquent.

Richard Knight, one bill, six shillings and eight
pence.

Referred to y° next Court.

The bill for y* Towne of Warwick against Richard
Knight, is referred to y" next Generall Court.

A sub-committee added, Mr. Arnold, Joseph Torrey,
Mr. Weekes, and Mr. Roome.

30. It is ordered, that, whereas by law it is concluded
that those that execute justice shall be paid by those that
occasion theire services. Wee order for explanation, that
in case any presentments be by y® Grand Jurors, and up-
pon traverse not found guiltie, that y^ Colonie beare y^
charge. It is also ordered, that in case any man bee
falsely charged with crime, though in y" States behalfe,

'Ordinaries.

AND PROVIDENCE PLANTATIONS. 335

by a particular person, that it shall be counted slander, 1656.
and soe actionable. ^---'-v--*-'

Mr. Porter is freed from personal trayninge, only he is
to pay sixteen shillings a yeare.

31. Considering that y^ prisons and cages are not done^"'""'-
as they have been ordered, we do therefore by y® authori-

tie of this Court enact, that they shall be compleately
finished by y^ 20th of September next, uppon y® paine of
tenn pounds fine on each towne therein defective. But
as for y^ way and progresse for y*" takeing and levyinge
y*" fines, as alsoe for y*' constituting a prison, it is refferred
to y'^ agitation and resolution of y'' Generall Court of
Commissioners to be holden at Portsmouth in May
next.

32. Considering y*" grievances presented by divers of
the ordinarie keepers concerninge theire losse and dam-
age by beinge bound to sell liquor at four shillings per
quart, which damage doth arise from persons unlicensed
there, severall retailinge of liquors, &c., by which y^ ordi-
narie keeper is hindered both in buying and selling that
commoditie.

Be it therefore enacted, that y^ ordinarie keepers estab-
lished by y^ Generall Court in each Towne, shall, by vir-
tue of this order, have toleration to sell as they can afford
it, till y*" Generall Court of Commissioners, holden in May
next at Portsmouth ; at which Court, further order shall
be taken to prevent theire discouragements ; forasmuch,
as it is already conceived how it may be affected, but y^
Court cannot now put it in compleate forme by reason of
y^ [shortness] of time, any former law notwithstandinge.

It is ordered, that y^ Clarke shall have ten shillings out
of y'' Generall [Treasurie] for his wTitinge at this Court,
and eight shillings per towne for each coppie.

FFINIS.

RECORDS OF THE COLONY OF RHODE ISLAND,

rjie Court of Election holden at Portsmouth, May 20th,
1656.

Mr. Roger Williams, chosen Moderator.

Mr. Roger Williams chosen President, Mr. Easton,
next.

Mr. Thomas Olney, Assistant, Mr. William Feild,
Mr. Fenner, next.

Mr. William Baulston, Assistant, Mr. Roome, next.

Mr. John Coggeshall, Assistant, Mr. Arnold, next.

Mr. Randall Iloulden, Assistant, Mr. Weeks, next.

Mr. Sanford, Generall Recorder, Joseph Torrey next.

George Parker, Gen'l Sargent, Richard Knight, next.

Mr. John Easton, General Attorney, Capt. Cranston,
next.

Mr. John Sanford, Treasurer, Mr. Burden, next.

Mr. Richard Bulgar, General Solicitor, Wm. Woodall,
next.

The Recorder ingadged.

Mr. Roger Williams chosen President, and ingadged.

Mr. Thomas Olney, Assistant for Providence, In-
gadged.

The Generall Atturney, Mr. John Easton, Ingadged.

George Parker, Generall Sargent, Ingaged.

Mr. William Baulston, Generall Assistant, Ingaged.

Mr. John Weekes, General Assistant for Warwick,
Ingaged.

Mr. Richard Bulgar, General Solicitor, Ingaged.

Mr. John Coggeshall, General Assistant, Ingaged.

Obadiah Holmes, Thomas Dungine, and Phillip Taber,
received freemen.

AND PROVIDENCE PLANTATIONS.

Court of Commissioners held at Portsmouth ^ this 21st of
May, 1656.

COMmSSIONERS FPvOM
PROVIDENCE.

Mr. Roger Williams,
Mr. Thomas Olney,
Mr. William Feild,
Mr. Harris,
Mr. Waterman,
Mr. Roberts.

FOR PORTSMOUTH.

Mr. William Baulston,
Mr. John Roome,
Mr. Richard Burdin,
Mr. Phillip Sherman,
Mr. William Woodall,
John Sanford.

COMMSSIONERS FOR NEWPORT.

Mr. Will: Haviland,
Mr. Obadia: Holmes,
Mr. John Easton,
Mr. Joseph Torrey,
Mr. Peter Easton,
Mr. Robert GrifFm.

FOR WARWICK.

Mr. Samuel Gorton,
Mr. Randall Holden,
^Ir. John Weekes,
Mr. John Greene, Sen'r,
Mr. Walter Todd,
Mr. Bend: Arnold.

Mr. Roger Williams is chosen Moderator.

John Sanford, Clarke.

The Court adjourned till morninge.

May the 22d.

The Court called.

Yoated, that the petition of Mr. William Brenton
against Mr. William Coddington for being about to
ship severall horses of the said Brenton's, shall first be
agitated.

It is ordered, upon a petition exhibited to the Court by
Mr. William Brenton, Merchant, of Boston, touchinge
some horses which Mr. William Coddington is reported to

338 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. be transportinge to Barbadoes, and Mr. William Brenton,
'^^^^'"'^ Merchant, of Boston, challengetli and layetb claim vnto
wm^BreT '^^ vnjustly obtalncd from him. This Court after full de-
coddSon.' hate and mature consideration, ordereth, that a speciall
"writt of attachment issue from this Court, to make staye
of said horses upon the Island, untill a due tryall of such a
challenge shall be had, according to the law and orders es-
tablished amongst us ; provided, Mr. Brenton or his as-
signes putt in securitie to make good all damages Avhich
may befall to Mr. Coddington by this attachment in case
Mr. Brenton make not good his challenge.
An attachment granted.
Mr.Bauiston Mcmo. Mr. William Baulston and WilHam Dyre doe

and Mr.

Dyre's Bond, ingagde ourselvcs in a thousand pounds sterling, that Mr.
William Brenton shall doe and performe the law in all
poynts, as concerninge attachment granted forth against
certaine horses shiptt or to be shiptt by Mr. Coddington,
for the Barbadoes ; which horse or horses, one or more, is
laide claime unto by Mr. Brenton or his assignees.

Transporta- It is ordcrod, that in consideration of many losses sus-

tion of cat- •' »

**"• tained in the transportation of cattle or any goods, or chat-

tels from this Island and other places within this Colonic ;
this Court doe therefoi-e declare, that if any person shall
attempt to transport or drive any cattell of ^Yhat kind
soever from any place within this CoUony, which any
partie shall lay claim to ; the said partie soe claiminge
such cattell, &c., shall have an attachment from the Gen-
erall Recorder, or any Magistrate, or Towne Clarke, to
stop saide cattell, &c.; the partie claiminge, putting in
sufficient securitie to make good all damages that shall
arise in case he prove not his charge.

It is further ordered, that he that shall continue and re-
sist such attachment is hereby declared guiltie of Felony.
Selling It is ordered, that that part, or clause of the law for

letaue, re- sclUnge a quartcr of a pint of Liquor in a daye to an In-
Indian, made at Providence, May the 22d, 1655, is
repealed.

AND PROVIDENCE PLANTATIONS. 339

Upon a petition of William Lytherlancl for money due 1656.
to him from the Colonie, Mr. Benedict Arnold, Mr. John '-*^-^"*^

' , Lyther-

Easton, and Mr. Joseph Torrey are chosen and appointed |.;'^ip*^^'^<=-
to audit his accompts.

Upon a petition of Richard Kni^dit for monies due him Richard

•■- i '- Knight's ac-

from the Generall [Court], Mr. John Easton and Mr. Jo-'^^'^p'^-
seph Torrey are chosen a committee to auditt his ac-
compts.

It is ordered, that five pounds starling due from Mr. ^l^^^^l^
Randall Holden for not executing office accordinge to^"'^^''"^'
choyce, is outsett for his former service in publique em-
ployment.

Maij the 2M.
The Court called.
It is ordered, that whereas, there hath been differences^-^"™." .

' ' men's busi-

betwixt certaine of our countrymen of Patuxett and others "''""•
of this Collony. And now understandinge by our Presi-
dent, Mr. Roger Williams, that the Honored gentlemen of
the Massachusetts hath pleased to desire, that for the end-
inge of all such controversies amongst us, it may be
granted, that whatever matter, cause, or thing formerlie
grown (and now in being), being an obstruction of our
unity and peaceable concurrence, may be putt to arbitra-
tion of some indifferent and judicious men, mutually
chosen ; and that for times to come, the said inhabitants
of Pawtuxett may enjoy the benefits and priviledges of
this jurisdiction.

This Generall Assembly having taken the matter into
serious consideration and debate ; and being very ready
and willinge to gratifye the desire of that Honoured gov-
ernment ; wee doe faithfully promise to our foresaid
neighbours the inhabitants of Patuxett, that all former
differences amongst us, shall be issued by arbitration as
aforesaid : Provided, that they shall be brought in in a
month's time, and brought to an issue within the compass

340 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. of three months after they he declared, for the effectinge
'-"^^'"^^ whereof, there shall be noe lett nor neglect on our be-
halfe ; and that for the time to come, the said inhabitants
shall enjoy the benefitt of all equal and impartiall justice,
together with ourselves ; as alsoe, they shall be lovingly
entertained as freemen of this Collony, to have theire free
voates in makinge of lawes, choosinge of officers in Towne
and Collony, with the enjoyment of all priviledges be-
longinge to freemen of this jurisdiction accordinge to or-
ders established amongst us.
Henry Bull's Ordered, that upon the petition of Mr. Hen: Bull, his

fine of tenn pounds is remitted,
capt. Hoi- Ordered, that Mr. Thomas Olney, Mr. Samuell Gorton,

den'3 ac- "^ '

compts. and Mr. William Field, are chosen to audit Capt. IIol-
den's accompts for the Collony.
Ai- Ordered, that Mr. Ben: Arnold is discharged of an ac-

Mr. Ben.
nold's ac-

compts. compt of twentie-three pounds, which was the State's part
formerly audited by a sub-committee of the Generall
Court ; and upon this discharge hath payd a debt of six
pounds due from the Collony to Robert Griffin, besides all
other accompts due to himselfe att this time from the
collony are outsett.

Touching the debolishinge, defacing or spoylinge of the
Collonies instruments apoynted for the punishment of
offenders.

Defacing of It Is ordcrcd, that all such as oifende therein, shall sitt

Instruments

of Justice, six howres by estimation, in the stockes, and make repar-
ation of that which is spoyled ; and if the parties soe of-
fendinge cannot at present be fownd, the punishment shall
be performed when they are found. And if they who com-
mit such a fault be not able to make reparation, that then
they shall be in servitude untill the punishment be fully
complished ; and if there be any found accessary, by
councellinge, abettinge, or concealinge, they shall suffer
the like punishment.

Summons of It is ordcrcd, that the President or any Generall Assist-

AND PROVIDENCE PLANTATIONS.

141

ant, shall give summons to any Generall officer to apeare 1656.
before the next Generall Court of Commissioners to an-'-^^'^T^

' General

swer to any charges against him. omcerB

Ordered, that Mr. William Blaxton shall have libertie ^^^']^i^am
to record the right of his land in the records of oure
Collony.

Ordered, that if it can be proved that any man hath bel?t,"feiony
kept in his custodie, to his knowledge, anie strange'beast,
the space of thirtie dayes without givinge notice to a pub-
lique officer, he shall be taken as guiltie of Felony.

Ordered, that the Recorder shall have tenn shillings out
of the General Treasurie for his writinge at this Court ;
and to have six shillings, and eight pence from each
towne for each coppie.

Ordered, that the Generall Sargent shall have tenn
shillings for his attendance at this Court.

FFINIS.

Letter from Providence Plantations to the General Court
of the Massachusetts.

Providence, 12, 3, '56 {so called).

May it please this much honored Assembly to remem-
ber, that, as an officer, and in the name of Providence
colony, I presented you with our humble requests before
winter, unto which not receiving answer, I addressed
myself this spring, to your much honored Governor, who
was pleased to advise our sending of some of Providence
to your Assembly.

Honored Sirs, our first request (in short) was and is,
for your favorable considei*ation of the long and lamenta-
ble condition of the town of Warwick, which hath been

342 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. thus : tliey are so dangerously and so ve^atiously inter-
''^^'^'*^ mingled with the barbarians, that I have long admired
the wonderful power of God in restraining and preventing
very great fires of mutual slaughters, breaking forth be-
tween them.

Your wisdoms know the inhuman insultations of these
wild creatures, and you may be pleased, also, to imagine,
that they have not been sparing of your name as the pa-
tron of all their wickedness against our English men, wo-
men, and children, and cattle to the yearly damage of 60,
80 and 100 pounds.

The remedy is (under God) only your pleasure, that
Pumham shall come to an agreement with the town or
colony, and that some convenient way and time be set for
their removal.

And that your wisdom may see just grounds for such
your willingness, be pleased to be informed of a reality of
a solemn covenant between this town of Warwick and
Pumham, unto which, notwithstanding that he pleads his
being drawn to it by the awe of his superior sachems, yet
I humbly offer that what w\as done, was according to the
law and tenor of the natives (I take it), in all New Eng-
land and America, viz.: that the inferior sachems and sub-
jects shall plant and remove at the pleasure of the highest
and supreme sachems, and I humbly conceive that it
pleaseth the Most High and Only Wise to make use of
such a bond of authority over them, without which, they
could not long subsist in human society, in this wild con-
dition wherein they are.

2. Please you not to be insensible of the slippery and
dangerous condition of this their intermingled cohabita-
tion. I am humbly confident, that all the English towns
and plantations in all New England, put together, suffer
not such molestation from the natives, as this one town
and people. It is so great and so oppressive, that I have
daily feared the tidings of some public fire and mischief.

AND PROVIDENCE PLANTATIONS. 343

3. Be pleased to review this copy from the Lord Ad- 1656.
miral, and that this English town of Warwick should pro- ^--^v^*-
ceed, also that if any of yours were there planted, they
should, by your authority, be removed. And we humbly
conceive, that if the English (whose removes are difficult

and chargeable), how much more these wild ones, \vho re-
move with little more trouble and damage than the wild
beasts of the wilderness.

4. Please you to be informed, that this small neck
(wherein they keep and mingle fields with the English) is
a very den of wickedness, where they not only practise
the horrid barbarisms of all kind of whoredoms, idolatries,
conjurations, but living without all exercise of actual
authority, and getting store of lifjuors (to our grief)
there is a confluence and rendezvouz of all the wildest
and most licentious natives and practices of the whole
country.

5. Besides satisfaction to Pumham and the former in-
habitants of this neck, there is a competitor who must
also be satisfied ; another sachem, one Nawwushawsuch,
who (living with Ousamaqun) lays claim to this place,
and are at daily feud with Pumham (to my knowledge)
about the title and lordship of it. Hostility is daily
threatened.

Our second request concerns two or three English fami-
lies at Pawtuxet, who, before our charter, subjected them-
selves unto your jurisdiction. It is true, there are many
grievances between many of the town of Providence and
them, and these, I humbly conceive, may best be order-
ed to be composed by reference.

2. But we have formerly made our addresses, and
now do, for your prudent removal of this great and long
obstruction to all due order and regular proceedings
among us, viz.: the refusal of these families (pretending
your name) to conform with us unto his Highness' au-
thority amongst us.

3. Your wisdom experimentally knows how apt

B44 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. men are to stumble at such an exemption from all duties
-^^-^^^^ and services, from all rates and charges, either with your-
selves or us.

4. This obstruction is so great and constant, that
(without your prudent removal of it) that it is impos-
sible that either his Highness or yourselves can expect
such satisfaction and observance from us as we desire
to render.

Lastly, as before, we promised satisfaction to the
natives at Warwick (and shall all possible ways endeavor
their content), so we humbly offer, as to these our coun-
trymen. First, as to grievances depending, that refer-
ences may settle them. Secondly, for the future, the
way will be open for their enjoyment of votes and
privileges of choosing or being chosen, to any office in
town or colony.

Our third request is, for your favorable leave to us to
buy of your merchants, four or more barrels of powder
yearly, with some convenient proportion of artillery,
considering our hazardous frontier situation to these bar-
barians, who, from their abundant supply of arms from
the Dutch (and perfidious English, all the land over), are
full of our artillery, which hath rendered them exceeding-
ly insolent, provoking and threatening, especially the in-
landers, which have their supply from the fort of Aurania.
We have been esteemed by some of you, as your thorny
hedge on this side of you ; if so, yet a hedge to be main-
tained ; if, as out-sentinels, yet not to be discouraged.
And if there be a jealousy of the ill use of such a favor,
please you to be assured that a credible person in each
town shall have the disposal and managing of such sup-
plies, according to the true intent and purpose.

For the obtaining of these, our just and necessary peti-
tions, we have no inducement or hope from ourselves,
only we pray you to remember, that the matters prayed,
are no way dishonorable to yourselves, and we humbly
conceive, do greatly promote the honor and pleasure of

AND PROVIDENCE PLANTATIONS.

345

his Highness, yea, of the Most High, also ; and lastly,
such kindnesses will be obligations on us to study to de-
clare ourselves, upon all occasions,*

Your most humble and faithful servants,

KOGER WILLIAMS,

President.

1656.

The Court of Commissioners held at Portsmouth, the 10th
day of October, 1656.

COMMISSIONERS FOR
PROVIDENCE.

Mr. Roger Williams,
Mr. Thomas Olney,
Mr. Richard Waterman,
Mr. Thomas Harris,
Mr. Hugh Benett,
Mr. John Tripp.

FOR PORTSMOUTH.

Mr. V7illiam Baulston,
Mr. Richard Burden,
Mr. John Briggs,
Mr. Will: Hall,
Mr. Will: Woodell,
Mr. James Badcocke.

FOR NEWPORT.

Mr. Benedict Arnold,
Mr. Richard Tew,
Mr. John Easton,
Mr. John Richmond,
Mr. Daniel Gould,
Mr. Robert Griffin.

FOR WARWICK.

Mr. Ezekiell Holyman,
Mr. John Greene, Sen'r,
Mr. Richard Bulgar,
Mr. John Sanford.

Mr. Benedict Arnold chosen Moderator of the Assem-
bly for this day.

John Sanford chosen Clarke of this Assembly.

* Kuowles' Life of Eoger Williams.

John CaiUe
sends am-
munition.

Conce
the po

RECORDS OF THE COLONY OF RHODE ISLAND,

October the llth.

The Court called.

Mr. Benedict Arnold chosen Moderator for this daj^o.

1. Whereas, oure worthy friend, iNIr. John Clarke in
London, hath procured and sent fewer barrels of powder
and eight barrels of shott and bullets for the use of this
Collony, and hath consigned it to our honoured President,
]\lr. Roger Williams, to dispose thereof to the intent pre-
mised.

This Assembly have ordered, and do order, that the

and had Said powdcr and bullets shall remaine in oure said Presi-

sent by Mr. ^

John Clarke ^]ents custody, whereby he may be enabled to make returne
for the same to England in time convenient ; and to that
end, it is ordered, that each towne in this Collony shall, be-
tweene this and the eleventh of December next, have pow-
der, by an order from the Towne, under the Clarke's hand
of each Towne, to make demand of, and receive each Towne,
one barrell of the said powder, and two barrells of the shott :
Provided, that they doe upon the receipt thereof send in
and deliver to the President, tenn pound in good and well
sorted strunge peage, after the rate of eight white per
pennie, and fowre black per pennie, from each Towne.
And if any Towne faile in the performance hereof, before
the day afore prescribed, then it shall remaine in the
Presidents power to dispose of the said powder that is soe
neglected, as in his wisdom he shall see best for the pro-
curinge returns to send to ]Mr. Clarke in England for it.

Letters to 2. It Is ordcrcd, that the President, Mr. Roo-er Wil-

Mr. Easton. , *-

liams, is desired to draw up a letter to Mr. Nicholas Eas-
ton, containing the heads of Captaine Campa Subados
petition, and the letter sent from his Highness' Commis-
sioners of Jamaica, concerninge Captain Subado de-
siringe his presence or his answer upon the thirteenth
daie in this present month. Alsoe to give an answer of
his not delivering the £28. 5s. to Christopher Almy, ac-

AND PROVIDENCE PLANTATIONS. 347

cordinge to the order of the Commission Court, held at 1656.
Warwicke, in March, 1655-6. ^*-v-*^

3. Ordered, that in consideration of the want of a tJ'c supply

' 01 a ixsner-

Generall Sarjant in the Collony by reason of the decease *"^^'^'®"*-
of the late Sarjant, George Parker ; and findinge Richard
Knight, of Newport, on record, is next in choyce at the
election in May last, at Portsmouth, the Court doe there-
fore apoynt the said Richard Knight to execute the said
office of Generall Sarjant of this Collony, as successor unto
the deceased Sarjent as aforesaid ; and upon his engage-
ment given before the Generall Recorder, he is to serve
in that office untill the election in May next.

Butt it is provided, that if any defects apeare in any fjf/f ^^>g° ^^
bonds already and formerly taken by the Sarjant, deceas- ^'''^^'"
ed, that may come into the said Richard Knight's hands ;
or if any neglects or defects of the deceased Sarjant apeare
in any case dependinge, those defects shall not be imputed
to the said Richard Knight, nor shall he be responsible for
those fore-intended deffects.

5. And farther, the foresayd Richard Knight is here-
by authorized to call for, and take into his hands as Gen-
erall Sarjant, all such papers and wrightings as were in
the possesion of the deceased Sarjant concerninge his of-
fice for this present yeare, and he to give a receipt for the
said papers upon the receipt of them.

Richard Knight, Generall Sarjant, engaged.

6. It is further ordered, by the authority of this pres- p^^^J^^^^"^*'^
ent Assembly, that from henceforth in case of the death Geni'raf *
and decease, or removall of any Generall officer, either
President, Assistant, Recorder, Sarjant, &c., he who was

next in choyce, nominated and recorded at the election of
the sayd officers, shall serve for the remainder of that
yeare, untill the Court of Election, as successor unto the
officers deceased ; and it shall be in the power of the
President, or any Assistant, or Generall Recorder to give
him a commission to the performance of that office that he
23

348 EECORDS OF THE COLONY OF RHODE ISLAND,

1656. is soe designed unto, any law to the contrarie formerly.
'»-^"*^'*-^ made notwithstandinge.

But in case that at the election of the Generall officers,
there be noe second nominated and recorded ; then it is
ordered, that the towne where the foresaide defect of a
Generall officer shall happen to fall, shall themselves
choose a new in his stead, who shall be engaged by a
Generall officer to serve as aforesaide ; and in case either
he that is successor, by being a second in nomination at
the General election, or by choyce of the Towne, doe re-
fuse to engage, he shall pay the same damage as he that
refuseth at the Generall election, and the towne shall
choose againe untill they have caused one to take his en-
gagement, and fine such as refuse, and the fines to goe to
the General Treasurie.

The Court adjourned till second daye, in the morninge,
at eight o'clock.

October the 12th.
The Court called.

Mr. Roger Williams chosen moderator for this daye.
7. Ordered, that the three bills presented by Mr.
Coddington, Richard Knight, and Mr. Dyre, shall be first
debated.
Rehearing 8. It is dcclarcd by this Assembly, that the rehear-
dington's JQge grauuted by Mr. John Coggeshall, General Assistant,
aroTed. ^^ -^j^.^ William Coddington, in a case dependinge betwixt
Mr. WiUiam Brenton and the said Mr. Coddington, was a
legall actt.

9. It is declared, that the petition presented by Mr.

William Baulston and Mr. WUliam Dyre, is answered in

the approving of Mr. Coddington's rehearinge graunted by

Mr. John Coggeshall.

Edward 10. Upon a petition presented by Edward Richmond.

Richmond's ir *■ ^ "

petition. rpjjg Court ordereth, that the business shall be suspend-
ed till it be heard in the Court of tryalls.

AND PROVIDENCE PLANTATIONS. 349

11. Upon a petition presented by Eliz: Stevens, the 1656.
Court remiteth her payinge six shillings and eight ^-^"^'"^■'
pence, liol^^^''

Ordered, that a summons be sent to Henry Stevens, of steTens
Newport, to make his apearance before the Court of
Commissioners upon Fryday next, at 10 o'clock in y^
morninge.

October the 11th.
The Court called.
Mr. Roger Williams chosen Moderator for this day.

12. Upon a petition presented by Mr. Will. Codding- ^f^Pg'^^"';"^
ton, concerninge an execution outt against him by Capt. pended^'
Richard Morris,

This Court ordereth, that the execution shall be
suspended till the Court of Commissioners [meet] in May
next.

October the ISth.
The Court called.

13. Mr. Roger Williams chosen Moderator for thisgi^tard
day.

Ordered, that the business concerninge Richard Ussell
and Abigail, daughter-in-law of Mr. John Cowdall, and
Edward Richmond, is refferred to the Court of Commis-
sioners in May next.

14. It is ordered by this Court, that Mr. Ralph Ralph

•' ' -"^ Earle, Sen'r

Earle, Sen'r, is refferred to the next Generall Court of
tryalls held at Newport in March next, to have there his
tryall in law against Mr. William Field in the action that
he commenced against the said Field in June last, at
Providence, which was not then issued, and the same pro-
gress which he hath already taken shall serve to bringe
the case to tryall ; and Mr. Field shall have summons
from the Generall Recorder to answer the case at the
Court above premised.

350 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. 15. Wee determine on an addition to the former
law of Larceny. That for petty larceny it shall be in the
liberty of the delinquent, either to be whipt, or pay
twentie shillings to the State.

hTrceny. Also, for grand larceny, it shall be at the liberty of the
delinquent, either to be whipt, or pay forty shillings to
the State.

Kn*ight^s 16. A petition presented by Richard Knight for mon-

petition. .^^ ^^^^ ^^ j^.^ ^^^^ ^e Collouy.

Ordered, that Mr. Benedict Arnold, Captain Cranston,
Mr. Phillip Shearman, and John Sanford shall audit Rich-
ard Knight's accompts.
TM'a 17. A petition presented by the widdow Parker,
for two pounds, fifteen shillings, due to her husband,
deceased.

The Court ordereth, that the* said widdow shall be paid
out of the Generall Treasurie, from the first monies that
shall come into the Treasurie.
JImyand 18. Ordered, that in the latter clause in the order
made at Warwicke, in March, 1655, viz.: that William
Almy doth engage for himselfe and sonn, that they will
not trouble any in the Collony ; that is, not any now be-
inge or dwellinge in the Collony, is null.

Ordered, that the Clarke shall have six shillings and
eight pence from each Towne for coppies of this Court's
acts.

iixa Bonn.

[On the return of Roger "Williams from England, in 1654, with the letter
of Sir Henry Yane to Providence Colony, which letter appears in its proper
place (page 285, of these records), he found matters in a very deranged state
in the colony. lu consequence thereof, he wrote the following letter to the
town of Providence, in which he alludes in affecting terms to the toils and sac-
rifices he had made in the behalf of the colonists, who he thought had not ap-
preciated his efforts. This letter is not among the colony records ; yet, as it is
connected with the period when it was written, as well as with the papers which
jprecede and follow it, it is inserted here. It should have been placed at p. 237,

AND PROVIDENCE PLANTATIONS. 351

but was not discovered at the time that portion was printed. The document is 1656.
found in Knowles's Life of Roger Williams, p. 2G6, and among the collections s,,^,.^,.^^
of Mr. Bull, published in the Newport Mercury.]

Letter from Roger Williams to the town of Providence.

Well beloved friends and neighbors,

I am like a man in a great fog. I know not well how to steer. I
fear to run upon the rocks at home, bavinge had trialls abroad. I fear to
run quite backward, as men in a mist doe, and undoe all that I have been a
long time undoeing myselfe to doe, viz.: to keepe up the name of a people, a free
people, not enslaved to the bondages and iron yokes of the great (both soul
and bodie) oppressions of the English and barbarians about us, nor to the di-
visions and disorders within ourselves. Since I set the first step of any Eng-
lish foot into these wild parts, and have maintained a chargeable and hazard-
ous correspondence with the barbarians, and spent almost five yeares' time
with the State of England, to keepe off the rage of the English against us,
what have I reaped of the root of being the stepping-stone of so many families
and townes about us, but grief, and sorrow, and bitterness ? I have been
charged with folly for that freedome and libertie which I have always stood
for ; I say libertie and equalitie, both in lande and government. I have been
blamed for parting with Moshassuck, and afterward Pawtuxet (which were
mine owne as truly as anie man's coate upon his back) , without reserveing to
myselfe a foote of land, or an inch of voice in any matter, more than to my ser-
vants and strangers. It hath been told me that I labored for a licentious and
contentious people ; that I have foolishly parted with towne and colonic ad-
vantages, by which I might have preserved both towne and colonic in as good
order as anie in the countrie aboute us. This, and tenn times more, I have
been censured for, and at this present am called a traitor, by one partie,
against the state of England, for not maintaininge the charter, and the colo-
nic ; and it is said that I am as good as banished by yourselves, and that both
sides wished that I might never have landed, that the fire of contention might
have had noe stop in burning. Indeed, the words have been soe sharp be-
tweene myselfe and some latelie, that at last I was forced to say, they might
well silence all complayntes if I once began to complayne, who was unfortu-
natelie fetched and drawne from my employment, and sent to soe vast distance
from my familie, to do your work of a high and costlie nature, for soe manie
dayes and weekes and months together, and there left to starve, or steal, or beg-
or borrow. But blessed be God, who gave me favor to borrow one while, and to
work another, and thereby to pay your debts there, and to come over with your
credit and honor, as an agent from you, who had, in your name, grappled with
the agents and friends of all your enemies round about you. I am told that
your opposites thought on me, and provided, as I may say, a sponge to wipe
off your scores and debts in England, but that it was obstructed by your-
selves, who rather meditated on means and new agents to be sent over, to
cross what Mr. Clai'ke and I obtained. But, gentlemen, blessed be God, who
faileth not, and blessed be his name for his wonderful Providences, by which
alone tbis towne and colonic, and that grand cause of Truth and Freedome
OF Conscience, hath been upheld to this day. And blessed be his name who

352 RECORDS OF THE COLONY OF RHODE ISLAND,

1656. ^^th again quenched soe mucli of our fires hithertoe, and hatli brought your
_^- _ -^_. names and his own name thus far out of the dirt of scorn, reproach, &c. I
finde among yourselves and your opposites, that of Solomon true, that the con-
tentions of brethren (some that latelie were soe) , are the bars of a castle, and
not easily broken ; and I have heard some of both sides zealouslie talkinge of
undoeing themselves by a tryall in England. Trulie, friendes, I cannot but
fear you lost a fair wind latelie, when this towne was sent to for its deputies,
and you were not pleased to give an overture unto the rest of the inhabitants
aboute it ; yea, and when yourselves thought that I invited you to some con-
ference tending to reconciliation, before the towne should act in soe fundamental
a business, you were pleased to forestall that, soe that beinge full of grief,
shame and astonishment, yea, and fear that all that is now done, especially in
our towne of Providence, is but provoking the spirits of men to fury and des-
peration, I pray your leave to pray you to remember (that which I lately told
your opposites), onlie by pride cometh contention. If there be humilitie on the
one side, yet there is pride on the other, and certainelie the eternal God will
engage against the proud. I therefore pray you to examine, as I have done
them, your proceedings in this first particular. Secondly, Love covereth a mul-
titude of sins. Surely your charges and complaints each against other, have not
hid nor covered any thing, as we use to cover the nakedness of those we love.
If you will now profess not to have disfranchised humanity and love, but that,
as David in another case, you will sacrifice to the common peace and common
safety, and common credit, that which may be said to cost you something, I
praj your loving leave to tell you, that if I were in your soul's case, I would
send unto your opposites such a line as this : " Neighbors, at the constant re-
quest, and upon the constant mediation which our neighbor Eoger Williams,
since his arrival, hath used to us, both for pacification and accommodation of
our sad dififerences, and also upon the late endeavors in all the other towns for
an union, we are persuaded to remove our obstruction, viz.: that paper of con-
tention between us, and to deliver it into the hands of our aforesaid neighbor,
and to obliterate that order, which that paper did occasion. This removed,
you may be pleased to meet with, and debate freely, and vote in all matters
with us, as if such grievances had not been amongst us. Secondly, if yet
aught remain grievous, which we ourrselves, by free debate and conference,
cannot compose, we ofier to be judged and censured by four men, which out of
any part of the colony you shall choose two, and we the other."

Gentlemen, I only add, that I crave your loving pardon to your bold but
true friend,

ROGEE WILLIAMS.

AND PROVIDENCE PLANTATIONS. 353

1657.

At the General Court of Election, held at Newport, the
im of May, 1657.

Mr. Benedict Arnold, chosen Moderator of the As-
sembly,

Mr. Benedict Arnold, chosen President, Mr. John
Easton, next.

Mr. Arthur Venner, Assistant for Providence, Mr. Tho:
Olney, next.

Mr. William Baulston, Assistant for Portsmouth, Mr.
John Roome, next.

Mr. Richard Tew, Assistant for Newport, Mr. John
Easton, next.

Mr. Randall Holden, Assistant for Warwick, Mr. John
We ekes, next.

John Sanford, General Recorder, ingaged.

Mr. Richard Knight, General Sarjent, James Rogers,
next.

Mr. John Greene, Jr., General Attorney, John Easton,
next.

John Sanford, General Treasurer, next Mr. Richard
Burden.

James Rogers, General Solicitor, Lott Strange, next.

Mr. Ben: Arnold, President. Ingadged.

Mr. Richard Tew, Assistant. Ingadged.

Mr. Randall Holden, Assistant. Ingadged.

Mr. Richard Knight, Gen'l Sarjent. Ingadged.

Mr. John Greene, Jun'r, Gen'l Atturney. Ingadged.

John Sanford, General Treasurer. Ingadged.

James Rogers, General Solicitor. Ingadged.

Mr. William Baulston, Assistant. Ingadged.

Mr. Arthur Fenner, Assistant. Ingadged-

RECORDS OF THE COLONY OF RHODE ISLAND,

The General Cowi of Commissioners, held at Netoporf,
May the IM, 1657.

COMMISSIONERS FOR
PROVIDENCE.

Mr. Thomas Harris,
Mr. John Sayles,
Mr. Henry Bull,
Thomas Walwin,
Samuel Bennet,
Mr. Hugh Bewitt.

FOR PORTSMOUTH.

Mr. William Almy,
Mr. Richard Burden,
Mr. William Freeborne,
John Sanford,
Mr. John Greene,
Edward Greenman.

FOR NEWPORT.

Mr. Benedict Arnold,
Mr. John Easton,
Mr. John Cranston,
Mr. Richard Tew,
Mr. Joseph Clarke,
Mr. John Gould.

FOR WARWICK.

Mr. John Greene, Sen'r,
Mr. Randall Holden,
Mr. Samuel Gorton,
Mr. John Weeks,
Mr. John Greene, Jun'r,
Mr. Walter Todd.

Mr. Benedict Arnold, chosen Moderator for this
daie.

John Sanford, chosen Clarke of this Assembly.
The Court adjourned till the next morninge.

Duty of the
Moderator.

May the 20tL

Mr. Benedict Arnold, chosen Moderator.

1. It is ordered, that the pertickulars mentioned in an
order made for orderinge the General Assembly in the
yeare 1648, at Providence, viz.: touchinge the manner of
debatinge matters, and the duty of the Moderator in the
Assembly, both in the time of adjitatinge, as alsoe for ad-
journinge or desolveinge the Court, shall be of force

AND PROVIDENCE PLANTATIONS. 355

unto the Court of Commissioners untill they see cause to 1657.
alter it. v-*»-v-w/

2. James Sands beinge by the Towne of Portsmouth J^me^«,
chosen a Commissioner, he beinge sicke, and not able to*'"'""''"®'^
attend, his fine is by this Court remitted.

3. Mr. John Porter being chosen a commissioner hy J°^"g^,g gj^^
the Towne of Portsmouth, he being sicke, and not able to""^"""^'^'
attend, his fine is by this Court remitted.

4. It is ordered, that the Clarke shall open and reade Roger

' ^ Williams'

to the Assembly, a letter sent from Mr. Roger Williams to^^"^''-
this Assembly.

5. It is ordered, that any person convict of the act of Lawcon-

■" •/ i. cerninge

Fornication within the jurisdiction of this CoUony, shalF<''^'^^'=^"°°-
be publiquely whiped in the Towne where the fact was
done, with fifteene stripes for the first offence, or pay
forty shillings ; and in case of a second, in that case the
party shall be publiquely whiped at the towne where it
was done if on the Island ; and of the other Towne of the
Island a week after, with fifteene stripes at each place ;
and soe if on the maine land, then at the towne where it
was done ; and at the next towne alsoe to receive the like
punishment as is aforesaide, or pay a fewer pound fine to
the CoUony Treasury.

6. The Court have thought fitt to commit to the fyle papers
certaine papers that came before us concerninge Richard
Chasmore, and some aligations against the Towne ofRhode^s? ^'^
Providence about him ; as alsoe a bond of Zachary Roads
concerninge the same business, in regard that Mr. Roger
Williams is not here present, from whome the saide papers

and bond came to the Court.

7. Ordered, that the Recorder shall give a coppy ofMr.cod-
Mr. Coddington's petition to this Court, unto Mr. Torrey, ^^j^-j^f^^'^^^y'^
he paying for the coppy : also to give Mr. Coddington a
coppy of Mr. Torrey's petition, he paying for the coppy.

8. Ordered, that Mr. Thomas Harris, Mr. Hugh committee,
Bewitt, Mr. William Almy, Mr. Richard Burden, Mr.

John Easton, Mr. John Gould, Mr. John Greene, Jr.,

con
cerninge
Richard

Chasmoi-e

356 RECORDS OF THE COLONY OF RHODE ISLAND,

1657. and Mr. John Weekes are chosen a sub-committee to ad-
'-*''"^'''*^ iitate and bringe, in their result of fower bills delivered to

Freemen

admitted, them.

Lawrance Turner, Andrew Lang worth, and Robert Bur-
dick are admited freemen of this Collony.

9. Vpon consideration of the good correspondency
and peaceable agreement composed and approved of
betweene the Commonwealth of England and the State of
Holland.

Liberty for 10. It Is hj tMs prcsout Asscmblj declared, that

trade" " whorcas there hath beene made certaine law or lawes in
this Collony, and by certaine Townes or parts thereof, to
prohibit the Dutch from haveinge any recourse in a way
of trade to these parts ; which law or lawes were made
in the time of the late differences and hostillity between
the two nations : the sayd law or lawes of prohibition are
now declared to be null, and of noe force ; and that upon
the reasons aforesayd. But it is declared, that the Dutch
may have lawfull commerce with the English in this Col-
lony, correspondent to the peace in beinge betweene the
two nations.

Demurra. n^ Conccminge demurrs, we declare that plaintife
and defendant shall have, each of them, but one demur,
which may not be denyed them either before or after the
case be pleaded ; provided, it be required before the jury
be sent forth ; only in the case it be required after the
case be pleaded, or the jury attend the case, the party
that desires it, shall pay the jury.

xNihiidicit. 12. Concerninge a nihil dicit, we declare that al-
though it be taken in the Recorder's office before the
Court sitt ; yet if the defendant apeare in Court and give
in his answer, the matter shall proceed to tryall, except
either party desire a demurr ; and this demurr shall be
the defendant's demurr because of his default, though the
demurr be desired by the plaintiffe, if the plaintifTe desire
it before the jury be impaneled upon the action.

13. Concerninge a rehearinge after judgment graunt-

AND PROVIDENCE PLANTATIONS.

357

ed. Wee declare, that either the plaintiffs or defendant, 1657.
shall each of them have liberty of one rehearinge, if either ^^^^^'j^
of them desire it, and noe more ; provided, that he that ^'^'^^jj^g^^^
desire it, whether plaintiffs or defendant, shall give in
double bond of what the defendant gave for his former
apearance ; which bond, together with the fewer pound,
or the value of the bill of costs, shall be given into the
Recorder's office within tenn dales after judgment grant-
ed ; and these costs not to be recoverable againe, except
the jury see good cause to give it ; and for this cause the
execution shall remaine in the Recorder's office tenn days
after judgment graunted, before it go forth ; and soe the
Recorder shall stop the execution, which shall be notice
sufficient to the party to prepare for a tryall accordinge to
law, the next [term of the Court ensuinge].

14. [With respect] to a bill concerninge the tea- witnesses
dious and chargeable [services] of the jury upon the ac- gaged-
count of differinge witnesses ; we declare that the com-
playner, and he that is complayned against, shall have
theire witnesses equally engaged, and to be of the like au-
thority for the jury to judge of the truth of them, and ac-
cordingly give intheir verdict ; and this to be the explaina-

tion of the former law in the bulke of lawes concerninge
the inquest.

15. With respect to Mr. Coddinsfton's petition, andw. cod-

^ o i dington and

Capt. Morris his petition now presented, the court doth ^^1'^^°
declare, that the result of the last Court of Commissioners
at Warwicke, was that noe such acts should be medled with-
all, except by a speciall order from England ; and there-
fore, if either of them desire to trye any matters connected
with the time of Mr. Coddington's comition, if they procure
a speciall order from England, they may have it tryed.

There being five pound, thirteen shillings, two pence wiiiiam
due to William Lytherland, the General Court have or- '^iid's Bin.
dered him hereby to demand and receive the sayd sum of
the General Treasury.

16. It is ordered and declared, by this present As-

358

RECORDS OF THE COLONY OF RHODE ISLAND,

1657. sembly, that any man that is chosen by any of the

^^^^^^^ Townes to serve on an inquest or jury, shall have at least

Jurymen, ^hree dales warninge before the Court ; and in case he

hath not such warninge, then he shall not be finable for

not attendinge the Court, only in case of necessity to fill

the Jurry in Court time ; the Court have power to take

any man they judge fitt for that service, and such not to

refuse, upon penalty of tenn shillings fine for each such

refusall.

Time of fines 17. It ordcrod, that every man that should attend for

to be paid. ^ . .

a Commissioner or a Juryman, or to give evidence by a
Supena in our Courts and doth not attend, he shall have
liberty within tenn dales after he should have performed
that service, for to pay his fine, or make a lawfuU excuse
apeare to the Generall Magistrate of that Towne where he
liveth ; or else it shall be levied by the Generall Sarjant
accordinge to law, by a warrant under the Recorder's
hand at the followinge Courtt.

dington'and 18. Vpou au agrccmcnt betwixt William Codding-
ton, of Newport, Esquire, and Mr. William Brenton, of
Boston, Merchant, to put all differences between them to
arbitration, and ingadge themselves to stand to theire ar-
bitrators' award in the same ; and upon the request of the
aforenamed ; hereupon the Court doth declare, that in
case those premised arbitrators doe not agree upon the
full and finall determination in the premises, yett no Court
of tryall nor officer or officers shall have power to graunt
either execution, nihil dicit, or non-suite, concerninge
any matters in the premised differences, to either of the
above named William Coddington, Esq., or to Mr. Wil-
liam Brenton, Merchant, A^ithout a spetiall authoritie
from the law makinge Court of this Collony.

Dalle's pe- 19. Ordered, that Mr. Richard Tew, Mr. John
Greene, Jr., of Warwicke, Mr. Thomas Harris, of Provi-
dence, and Edward Greenman, of Newport, are apoynted
a sub-committee to goe to Abigail, daughter-in-law to
Mr. John Cowdall, and to carrie the petition that was

tition.

AND PROVIDENCE PLANTATIONS. 359

presented to the Court in her name, and to enquire of her 1657.
if she owne it to be hers, and to informe themselves of ^-*''^'"**^
other circumstances from her thereabout, and to make re-
port thereof to the Court to-morrow morninge, at the
meetinge of the Court.

20. Vpon a petition of Richard Ussell, to this court for ^^?f^fi^',V
justice concerninge an execution graunted to him against Richmond.
Edward Richmond, of Newport, for the sum of three pound,
thirteen shillings ; which execution beinge unserved by
reason that noe estate was found to serve it on, and now
beinge adjitated in the Court for redress in the same,

here appeared John Richmond, of Newport, Sen'r, and to
the Court doth agree to pay the sayd sura mentioned in
the execution to Richard Ussell or his assigns, before the
24th of June next, upon the penalty of a double bond for-
feiture, payable to the sayd Ussell, recoverable by law.

21. Concernine:e the nihil dicit entered asjainst Rich- Nihudicit

° ° by Edward

ard Ussell and John Cowdall, of Newport, by Edward ^'^^^^°'^'i
Richmond, before the Court of tryalls in October last, atuseeu!"^
Portsmouth, some difficulty arisinge in the Courts aboute
it, and they referringe it to this Court to consider ; the
Court declareth that the Jury shall enquire of the dam
ages upon the sayd nihil dicit, and judgment and execu-
tion shall be entered and graunted at the General Court of
Tryalls at Warwicke in June next, in that case.

22. Vpon a bill concerninge distraints, it is declared Di^^'^aynta
by this Assembly, that the party whose goods is distrain-
ed upon, shall have liberty of tenn dayes after the dis-
tringas is levied, to redeem his goods, payinge his fine

and the charges by law due thereupon, and his redeeming
the goods shall not be taken as if he did confess himself
guilty of fact. Moreover, he is to pay the chardge of
keepeinge the goods taken till redeemed as aforesayed.

23. Vpon a bill concerninge a progresse in lawpiogressm

^ O J. o law against

against the Generall Sarjant, or any other general officers o^^ct'^'
in the Collony. It is ordered, that in case of debt or
trespass that doth not concerne or respect the Grenerall

360 RECORDS OF THE COLONY OF RHODE ISLAND,

1657. Seijant's office, a summons taken by the plaintifFe out of
'^■*'"~^'^'*-' the Generall Recorder's office, and served by the Towne
serjant or his Deputy of the Towne, where the General
Serjant inhabits, shall serve to bringe the Generall Serjant
to a tryall, at a Generall Court of tryalls instead of an
arrest ; and the fees to the sayd Town Sarjant for serve -
inge the summons, shall be the same as is alowed to the
Generall Serjant for servinge a writt of arrest. And fur-
ther it is ordered, that a summons served by the Generall
Serjant in like case on any other Generall Officer, shall
serve to bringe them to tryall instead of a writt of arrest,
to a Court of tryall, provided the matter concerne his
office.
co'^mittee's 24. Thc Rcport of the sub-committee yesterday chos-
Davla'' en and sent to Abigail, daughter of John Cowdall is, that
haveinge read the petition to the sayd Abigail, which was
subscribed Abigail Davis, she owned the sayd petition to
be her act, and likewise disclaimed Richard XJssell, and
only owned Edward Richmond, and further professed that
what she had done with respect to Richard Ussell, was for
feare of being forced to it by her father and mother.

25. Vpon adjitation concerninge Richard Ussell and
Abigail Davis, the Court declareth theire resolution to
consider and debate the matter, as to theire sence con-
cerninge the marridge of the sayd XJssell with the sayd
Abigail Davis, whether it were legall or not.

26. Vpon the great disturbance made by standers by
in the beginninge of the adjitation abovesayd, the Court
hath for the present deferred the debate of the matter any
further.

William 27. Whereas, Mr. William Baulston did in the Court

Baulston'a

torney°to'^'' prosent a letter of Attorney signed, sealed and delivered
MrBrentoni^y Mr. William BrcntoH, to the sayd Mr. Baulston, au-
thorizinge him to be his agent in all differences betwixt
the sayd Mr. William Brenton and Mr. William Codding-
ton, which sayd letter of Attorney was, by two witnesses
in Court avouched to be Mr. Wm. Brenton's act and deed.

AND PROVIDENCE PLANTATIONS. 361

28. Vpon the referring of the differences betweene 1657.
William Cocldington, Esq'r, and Mr. William Brenton, of ^-';-^--^'
Boston, Merchant, to arbitrators mutually chosen by them 11^%'^j^^^^
to determine ; and having made bonds to stand to the Mn&'tSu
award of the arbitrators, or the major part of them ; the
Court tooke cognizance of the sayd engagement and
bonds ; as that alsoe it is lawful! for the arbitrators or the
major part agreeinge upon an award to take of the visible
estate in horse kinde or sheepe, or other cattell of either

of the parties above sayd, that is found wronginge the
other in the premises, and give it into the hands of the
party wronged for satisfaction.

29. It is ordered, that the Generall Recorder doe Execution

against Mr.

graunt execution accordinge to law with the words in the ^y^^.
execution, by authority of verdict and judgment of Court
in the case that was found against Mr. Dyre at the last
Court of tryalls in March, where only through neglect,
judgment was not entered.

30. Vpon the Court takinere cognizance of the accu- Matters con-

. ... . cerninge

sation layd against William Harris, of Providence and """"i- Harris.
Pawtuxet, by Mr. Roger Williams, of Providence ; to-
gether with an impeachment of High Treason against the
sayd William Harris, which impeachment is in writinge
subscribed Roger Williams, President ; and here apeare-
inge noe man to declare (vive voce) against the said
Harris, nor noe examination concerninge the sayd im-
peachment ; the Court declareth that the sayd William
Harris stands lyable, together with his sureties to apeare
at, and attend the Court of Commissioners at Warwicke, it
being adjourned thither to begin the 4th day of July
next ; And further, this Court doe require the Atturney
General to take notice of the case, and take out sum-
mons to require Mr. Roger Williams there to appeare,
and to make out his charge against William Harris face to
face ; for as much as the Court cannot now proceed to the
tryall by reason Mr. Williams doth not appeare to make
out his charge. Alsoe, the Court doe charge the Attur-

362 RECORDS OF THE COLONY OF RHODE ISLAND,

1657. ney to observe his office in the impleadinge the saycl
'^•'^'•^^^'^ William Harris according to law in the premises, the
Court being adjourned only with respect to that matter.

At W'anvick, July the Ath, 1657.

toeTawa- Upon the request of the Narraganset sachems. It is or-

indfans. dcrod, that a letter be sent to the English at Pequot and

thereabouts, from this Assembly, and to be subscribed by

the General Recorder, the contents whereof are as follow-

eth, viz.:

To our honored and beloved friends, Captain Denison,
and Mr. Thomas Stanton, to be communicated to such
of the English as it may concerne at Pequot, or other
parts of the country.
Beloved Countrymen :
Letter to^ III the Consideration of the great charge that lyeth

ThomaT*^ on every one to endeavor the preservation of the peace of
Stanton, ^j^-^ country, and every member thereof ; we doe there-
fore make use of this present occasion to the end premis-
ed, and you may please to understand that we have at this
very instant a very solemn and serious information from
the Narragansett Sachems by a chiefe councillor of theirs,
that they take it ill of some English who live neare unto
Uncas his fortt ; for that (as they say) the English by
theire scouts discover to the Nanhegans the approach of
the Narragansits, and thereby doe defeat their designs in
warr against Uncas. And further, these Indians doe say
that they think those English that so doe, doe not doe it
by order of any coUony or Court, but for money given un-
derhand by Uncas. And further they tell us that the in-
landers called Mocquayes are in great number cominge
down against Uncas. And those Indians feare that those
inlanders findinge any such carridge from those English
by making signes or shoutinge, to give Uncas notice as
aforesayed of his enemies aproatch, that then those inland-
ers may be enraged, and either take or kill such scout or

AND PROVIDENCE PLANTATIONS. 363

scouts. And now on this information, these Narragansett 1657.
sachems desire us soe to inform you, for that they desire *-^^v-^-'
a ftiyre correspondency with the English. Thus much
only we shall add ; that is, that you our lovinge country-
men doe well consider of the matter, and weigh the
grounds of these actions ; soe as, if possible, the peace of
the country and therein your owne safety with ours
may be preserved ; for that is the utmost extent of our
desires. And we only desire to inform you, but noe way
to engadge in either part of the Indian quarrels, one with
another. And soe we rest your affectionate countrymen
and friends.

From the General Court of Commissioners held
for the colony of Providence Plantations at
Warwick.

Per me,

JOHN SANFORD,

Gen'l Recorder.
Dated July 4th, 1657.

32. It is ordered, that Mr. John Fasten is to supplvJo^i'i Gaston

^ ^ *' Att'y Gen'l.

the place of the General Atturney until the General At-
turney returnc, or till the next election, and is en-
gadged.

33. It is ordered, that William Harris shall readewniiam
over the coppy of his Booke to the Court, and Mr. Wil- ^'"'^■
liams shall view the originall.

34. It is ordered, that Mr. Roger Williams shall reade Roger

° Williams

over his letter to the Courte. better.

35. It is ordered, that Mr. Roger Williams shall reade
over his charge against William Harris, and his reply to
William Harris his booke.

36. Voated and ordered, that Mr. John Weeks and
Mr. John Fasten are apoynted to employ theire times till
aboute foure of the clocke this afternoone, to consider of
the business concerninge William Harris his case, as to
the court it is presented by Mr. Roger Williams, a case of

ob4 RECORDS OF THE COLONY OF RHODE ISLANI>,

1657. high treason ; and they are desired to draw up in writinge
'^'*''-^^'*^ and propose to this Assembly, what they two shall con-

John Weeks ^. - \ n ^ . . n

and Johu ceive best as to a proa-ress m the further examination of

Eaaton to J- o

prepare case, i-j-^g cause lu Order to a tryall.

37. Concerninge William Harris, his booke and
speeches upon it ; we find therein delivered as for
doctrine, havinge much bowd the Scriptures to maintaine,
that he that can say it is his conscience ought not to yield
subjection to any human order amongst men. Whereas,
the sayd Harris hath been charged for the sayd booke, and
words with High Treason ; and inasmuch as we being
soe remote from England, cannot be soe well acquainted
in the laws thereof in that behalfe provided, as the State
now stands ; though we cannot but conclude his behaviour
therein to be both contemptuous and seditious ; we
thought best therefore, to send over his writinge with the
charge and his reply to Mr. John Clarke, desiringe him
to commend the matter in our and the Commonwealth's
behalfe, for further judgment as he shall see the cause re-
quire ; and in the meane time to binde the sayd Harris
in good bonds to the good behaviour untill their sentence
be knowne.
Committee 38. It is Ordered, that fewer be nominated and chosen
aVtt7to^ out of this Assembly, viz.: the President, the General Re-

John Clarke

iBEngiaud. corder, Mr. John Easton and Mr. Joseph Clarke, who are
desired and authorized to draw up a letter in the name of
the Court to Mr. John Clarke, in England, by which to
give him the reasons and occasions of the Courts proceed-
inge with William Harris in sendinge his booke, for which
he is charged of High Treason ; as alsoe, his charge by
Mr. Williams, and William Harris his reply thereto ; as
alsoe, by the sayd letter to desire Mr. Clarke's assistance
in the manadgeinge of the matter there, and to procure
a result from the authority there in the premises with
such convenient speed as he can, for that William Harris
stands bound by recognizance to the good behaviour till
the receipt thereof by the Court.

AND PROVIDENCE PLANTATIONS. 365

39. It is ordered, that Mr. Randall Houlden, Mr. 1657.
Samuel Gorton, Mr, Ezekiell Holliman and Mr. Walter ^--*"^''^*^

Concerning

Todd are authorized to take bonds of William Harris and },Y"V sam.-

his Donds.

his sonn Andrew Harris, in five hundred pounds starlinge,
to performe the orders of the court concerninge the charge
of High Treason against him, and to returne the sayd
bonds into the Generall Recorder's office, or to secure his
person.

40. It is ordered, that the committee appoynted tow.
take bonds of William Harris, shall have the bonds of
Thomas Harris and Thomas Walwine, and upon theire
takinge bonds of William Harris and his sonn, to deliver
Thomas Harris and Thomas Walwine their bonds.

41. It is ordered, and by this court declared, that the Richard

Ussell's

marridge of Richard Ussell with Abigail Davis was an un- marriage.
lawful! marridge.

42. It is ordered, that the Towne Clarke of Providence Mr. Fennei ,
shall tender the engadgement to Mr. Fenner, and if he re-
fuse it, then to tender it to the next in choyce.

43. It is declared, that there is due to the Generall Debt due the

. , General

Sargent twentie one pound, [which was] due before the sargent.
cominge of Mr. Coddington's commission, which is to be
payed by the first conveniency.

44. It is ordered, that the next court of commission-
ers shall apoynt an audit to audit the remainder of the
General Sargent's accounts in the time of the Courts sit-
tinge, and bring in their result to that Court.

It is ordered, that the recorder shall have tenn shillings
from each towne for coppies of this Court acts.

EECORDS OF THE COLONY OP RHODE ISLAND,

The General Court of Commissioners held for the Collony,
at Portsmouth. March the 10th, 1G57-8.

COMMISSIONERS FOR
PROVIDENCE.

Mr. John Smyth,
Mr. Thomas Ohiey,
Mr. William Feild,
Mr. William Carpenter,
Mr. James Sweete,
Mr. Edward Enman.

COMMISSIONERS FOR
NEWPORT.

Mr. Benedict Arnold,
Mr. Richard Tew,
Capt. John Cranston,
Mr. Joseph Clarke,
Mr. John Easton,
Mr. John Greene.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. William Baulston,
Mr. John Porter,
Mr. Thomas Layton,
Mr. Samuel Wilbore,
Mr. James Badcocke,
John Sanford.

COMMISSIONERS FOR
WARWICK.

Mr. Randall Houlden,
Mr. Samuel Grorton,
Mr. John Weekes,
Mr. Walter Todd,
Mr. John Greene, Jun'r,
Mr. Peter Greene.

Mr. Benedict Arnold, chosen Moderator.
John Sanford, chosen Clarke to this Assembly.

1. Ordered, that the Bill presented by Pawtuxet men
•shall be read.

2. Ordered, that the sayd bill shall not be adjitated
without paying six shillings and eight pence.

3. Ordered, that the copy of the Lord Protectors Letter
shall be read.

4. Ordered, that the letter sent from the Governor in
chiefe. Lord Admirall and Commissioners for forraigne
plantations, to the Massachusetts, shall be read and re-

AND PROVIDENCE PLANTATIONS. 367

corded in the Grenerall Eecords, and the orridgionall 1658.
coppy is in the keepinge of Mr. Samuell Gorton o^'^'^'^''^^
Warwicke.

A copy whereof is, viz.:

After our Hearty commendations.

We being especially intrusted by both houses of Par- ^^py,°f,o„,
liament with orderinge the affairyes and government ofwanvlcle!
the English Plantations in America, have some months
since received a complaynt from Mr. Gorton and Mr.
Holden in the name of themselves and divers other
English, whoo have transported themselves into New
England, and now are or lately were inhabitants of a
Tract of land called the Narragansetts Bay (a coppy of
which complaynt the enclosed petition and narrative will
represent unto your knowledge), we could not forthwith
proceed to a full hearinge and determination of the mat-
ter ; it not appearinge unto us that you were acquainted
with the particular charge, or that you had furnished any
person with power, to make defence in your behalfe ; nor
could we conveniently respite some kind of resolution
without a great prejudice to the petitioners, who would
have layne under much inconvenience if we had detayned
them from their families till all the formalities and cir-
cumstances of proceedinge, necessary at this distance, had
regularly prepared the cause for a hearinge.

We shall therefore lett you know in the first place that
our present resolution is not growned upon an admittance of
the truth of what is charged, we knowinge well how much
God hath honored your government, and believing that
your spirits and affaires are acted by principles of justice,
prudence, and of zeal to God; and therefore cannot
easily receive any evill impressions concerninge your pro-
ceedings.

In the next place, you may take notice that we fownd
the petitioners ayme and desire in the result of it was,
not soe much a reparation of what's past, as a settlinge of
their habitations for the future, under that Government by

368

RECORDS OF THE COLONY OF RHODE ISLAND,

1658. a Charter of civill incorporation, which was heretofore
-•'"^'""^-'graunted them by ourselves. We find withall, that the
tract of land called the Narragansetts Bay, concerninge
which the question has arisen, was, divers years since in-
habited by those of Providence, Portsmouth and Newport,
who are interested in the complaynt ; and that the same
is whollie without the bounds of the INlassachusetts Pa-
tent, granted by his Majestic. We have considered that
they be English, and the forcinge of them to finde out new
places of residence will be very chargeable, difficult and
uncertaine ; and, therefore, upon the whole matter, doe
hereby pray, and require you, to permitt and suffer the
petitioners, and all the late inhabitants of Narragansett
Bay, with their families, and such as shall hereafter joyne
with them, freely and quietly to live and plant upon the
Shawomett and such other parts of the sayd tract of land
within the boundes mentioned in our sayd charter, on
which they have formerlie lived and planted, without ex-
tending your jurisdiction to any part thereof, or otherwise
disquietinge them in their consciences or civill peace ;
or interrupting them in their possession, untill such time
as we shall have received your answer to their claime in
poynt of title, and you shall thereupon have received our
further order therein. And in case any others since the
petitioners address to England have taken possession of
any part of the lands heretofore enjoyed by the petition-
ers, or any of their associates, you are to cause them that
are newly possessed, as aforesaide to be removed, that
this order may be fully performed. And till our further
order, neither the petitioners are to enlarge their planta-
tions, nor are any others to be suffered to intrude upon
any part of Narragansett Bay. And if they shall be
found hereafter to abuse this favor by any act tending to
disturbe your rights, we shall express a due sense thereof,
soe as to testifie our care of your honored protection and
encurridgment.

In order to the effectino'e of this resolution, wee doe alsoe

AND PROVIDENCE PLANTATIONS. 369

require, that you suffer the saycl Mr. Gorton, Mr. Holden, 1658.
and Mr. Greene, and theire company, with theire goods '-^"^'"^^
and necessaries to pass through any part of that Territory
which is under your jurisdiction towards the sayd tract of
land without molestation ; they demeaninge themselves
civilly, any former sentence of expulsion or otherwise not-
withstandinge.

We shall only add that to these orders of ours, we shall
expect a conforming [to, not only for] yourselves, but from
all other governments and plantations in New England
[which they] may concerne. And so commendinge you
to God's gracious protection, We rest

Your loveing friends.
[Office of the] chiefe Lo. 1 Warwicke, Gov'r and Ad-
Adm'll and Comm'rs . . j mirall,
Plantations, set- J. Northumberland,

Nottingham,

Pembroke and Mont.,

Fra: Dacre,

Manchester,

Will: Waller,

H. Vane,

Ben: Rudgerd,

John Holland,

Dennis Bond,

Sam'l Vassall,

Wm. Purefoy,

Geo. Snelling.

To our very loveing friends the Governor,
Deputy Governor, and Assistants of the
Massachusetts Plantation, in New Eng-
land, vera: copia,* W. JESSOP.

ting at Westminster, 15
day of May, 1646.

* [Petition and Remonstrance from MassacJiusctis to the Earl of Warwick, to
wliich the foregoing letter from the Earl of Warwick was in reply, taken
from the Massachusetts Records, vol. Hi. p. 95.]

To y" Right Honorable Robert Eai-le of Warwicke, Governour in cliiefe, lord

370

KECOEDS OF THE COLONY OF RHODE ISLAND^

1668. 7. Whereas, the lawes made by the General! Assem-
^-*"-^'^*-' bly at Portsmouth, in the yeare 1647, on the 19th, 20th
Lawefcon- ^'^^ ^"'"^^ of May, concemmge trayninge, have been seari-
Sfnl. ously considered by this Assembly ; and they findinge

admiral], aud other y° lords and gentlemen, commissioners for forraigne
plantations. The humble petition and remonstrance of y° Governom- and
Company of y° Mathatusetts Bay, in New England, iu America.
In way of answer to y" petition and declaration of Sam: Gorton, Randall Houl-
den, and John Greene, &c.

Whereas, by virtue of his majestys charter, grauuted to your petitioners, in
y° fourth yeere of his highues raigue, wee were incorporated into a body poli-
tick, with divers imuuityes and privi ledges, extending to y' parte of Xew
England where wee now inhabite, wee doe acknowledge, as wee have alwayes
donne, and as in duty wee are bound, y' although wee are removed out of our
native country, yett wee still have depeudance vppon y' state, and owe allegi-
ance and subjection therevnto, according to our charter ; and accordingly wee
have mourned and rejoyced therewith, and have held freinds and enemyes in
comon with it in all y' changes which have befallen it ; our care and indevor
also have binn to frame our government and administrations to y° fundamen-
tal! rules thereof, so farr as y^ different conditions of this place and people, and
y^ best light wee have from y" word of God, will allowe ; and whereas, by or-
der from your honnors, ISfay 15, 1646, wee find y* your honuors have still this
good opinion of vs as not to creditt what hath binn informed against vs, be-
fore wee be heard, wee render humble thanks to your honnors for y" same.
Yett, forasmuch as our answer to y' information of y* said Gorton, &c., is ex-
pected, and something also required of vs, which in all humble submisiion wee
conceave may be prejudiciall to y° libertyes graunted vs by our charter, and
to our well being in this remote parte of the world, vnder y° comfort whereof,
through y° blessing of y" Lord and his majestyes favor, and y" speciall care and
bounty of y" high Courte of Parliament, wee have lived in peace and pros-
perity these 17 yeeres. Our humble petition in y" first place is, y* our present
and future conformity to your orders and directions may be accepted with a
salvo jure, y' when times may be chaunged (for all things here belowe are sub-
ject to vanity), and other princes or Parliaments may arise, y' gennerations
succeeding may not have cawse to lament, and say England sent our fathers
forth with happy libertyes, which they enjoyed many yeeres, notwithstanding
all y" enmity and opposition of y° prelacy and other potent adversaryes ; how
came we, then, to loose them vnder y'' favor and protection of y* state, in such
a season, when England itself recouered its oune, in freto viximus, iu porta
morrimur. But wee confide in your honnors justice, wisdome, and goodness,
y* our posterity shall have cawse to rejoyce vnder y' fruite and shelter tliereof,
as ourselves and many others doe, and therefore are bold to represent to your
honnors our apprehensions wherevpon wee have thus jDresumed to petition yow
in this behalfe. Itt appeares to vs by your, y' wee are conccaved to have
transgressed our limitts by sending souJdiers to fetch in Gorton, &c., out of
Shawwamett, in y* Narragansett Bay. 2. Y' wee have either exceeded or

AND PROVIDENCE PLANTATIONS.

371

tliem to be very full and to good purpose for the keepe- 1658.
inge on foote the sayd military exercise, which is much ^-«'"^'^*-'
neglected by the towns through some alteration made
since : It is therefore, by the authority of this present As-

abused our authority in baDishing of tliem out of our jurisdiction when they
were in power. For the first wee hereby crave, for your better satisfaction,
that your honnors will be pleased to perceave what wee have delivered to y"
care of Mr. Edward Winslow, our agent or comissioner, whom wee have sent
of purpose to attend your honnors, concerning our proceedings in jt affaire,
and y° grounds thereof, which are truly and faithfully reported, and y° letters
of y° said Gorton and his company, and other letters concerning him, faithfully
copped out, not verbatim only, but even literatim, according to their oune bad
English. Y" originalls we have by vs, and had sent them but for casualty of
y° seas. Thereby it will appeare what the men are, and how unworthy your
favor ; thereby also will appeare the wrongs and provocations wee receaved
from them, and our long patience towards them, till they became our professed
enemyes, wrought us distui;bance, and attempted our ruine, in which case our
charter, as wee conceave, gives vs full power to deale with them as enemyes by
force of armes, they being then in such place where Vv^ee could have no right
from them by civill justice, which y° commissioners for, &c., finding, and y'^
necessity of calling them to an accompt, left the busines to vs to doe ; for y°
other perticuler in your honnors order, viz.: y° banishment of Gorton, &c., as
wee are assured upon good grounds y' our sentence upon them was less than
their deserving, so wee conceive wee had sufficient authority by our charter to
inflict the same, having full and absolute power and authority to punish, par-
don, rule, gouerne, &c., graunted us therein. Now, by occasion of j* said or-
der, those of Gortons company beginn to lift vp their heads, and to speake
their pleasures of vs ; threatening j' poore Indians, who, to avoyd their tiran-
ny, had submitted themselves and their lands vnder our protection and gov-
ernment ; and diverse other sachems, following their example, have donne the
like ; and some of them brought by y° labora of one of our elders, Mr. John
Elliott (who hath obtayned to preach to them in their oune language), to good
forwardues, imbraeing j' knowledge of God in Christ Jesus ; all which hope-
full beginnings are like to be dashed, if Gorton, &c., shall bee countenanced
and vpheld against them and vs, which also will endanger our peace here at
home ; for some amongst ourselves, men of vnquiett spiritts, affecting rule and
innovation, have taken bouldenes to prefer scandalous and seditious petitions
for such libertyes as neither our charter, nor reason, nor religion will allowe ;
and being called before vs in open Courte to give accompt of their miscarri.
age therein, they have threatened vs with your honnors authority, and before
they knew whether wee would proceede to any sentence against them or not,
have refused to answer, but appealed to your honnors. Y* coppy of their pe-
tition, and our declaration therevpon, our comissioner hath ready to present to
yow when your leisure will permit to heare them. Their appeals wee have not
admitted, being assured y* they cannot stand with y° liberty and power graunt-
ed vs by our charter, nor will be allowed by your honnors, who well know it

372 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. sembly ordered, that the aforesayd lawes concerninge

--*^^^-'*^ trayninge made in the yeare 1647, aforesayde, be revised

and to continue in full force throughout the whole collony,

any other lawes or repeales to the contrary made notwith-

standinge only ; with this explycation alsoe added to the

would be destructive to all government, both in y" liouuor and also in y" joower
of it, if it should be in y' liberty of delinquents to evade y" sentence of justice,
and force vs, by apppeales, to ffoUow them into England, where the evidences
and circumstances of facts cannot be so cleerely held forth as in their proper
place. Besids the insupportable chardges wee must be at in y' prosecution
thereof, these considerations are not new to your honnors and y' high Courte
of Parliament, the records whereof beare witnes of y"^ wisdome and faithfull-
ness of our auucestors in y' great councell, who in those times of darknes, when
they acknowledged a supremacy in y' Bishop of Eoorae in all cawses eclesias-
ticall, yett would not admit appeales to Roome to remove cawses out y°
Courts in England ; besids, although wee shall redily admitt y* y'' wisdome
and experience of that great councell, and off your honnors as a parte thereof,
are farr more able to prescribe rules of government, and to judge of cawses,
then such poore rustickes as a wildernes cann brecde vp, yett, considering y°
vast distance betweene England and these partes (which vsually abate the ver-
tue of y' strongest influences), your councells and judgments could neither be
so well grounded, nor so seasonably aplyed, as might either be so vsefuU to
vs, or so safe for yourselves in your dischargde in j° great day of accompt, for
any miscarriages which might befall vs while wee depended on your councell
and helpc, which would not seasonably be administered to vs ; whereas if any
such should befall vs when we have y° government in our oune hands, y° state
of England shall not answer for it. In consideration of y° premises, our hum-
ble petition to your honnors in y° next place is, y' jour honnors will be pleased
to coutiuew your favorable aspect vpon these infant plantations, y' wee may
still rcjoyce, and bless our God, vnder your shadow, and be there still nour-
ished, tanquam calore et rore coelesti ; and whiles God ounes vs for a people
of his, he will oune our poore prajers for yow and your goodnes towards vs
for an abundant recompence ; and this in especiall if yow shall please to passe
by any failings you may have observed in our course to confirme our libertyes
(graunted to vs by charter), by remitting delinquents to our just proceedings,
and discountenancing of our enemyes and disturbers of our peace, or such as
molest our people there vpon pretence of injustice.

Mr. Winslow, his commission, ^c, to answer to certain
charges brought against the government.

MassatusettsinN: England.

Whereas Samuell Gorton, John Greene, and Randall Houlden, by petition
and declaration exhibited to y" right honnorable y° Earle of Warwick, gov-
ernor in chiefe and comissioners for fForraigne plantations, as members of y'
iaigh Courte of Parliament, have chardged divers falce and scandalous matters

AND PROVIDENCE PLANTATIONS. 373

sayd lawes, concerninge the Town councills supplyeinge 1658.
such as are not able to gett amies, the meaning of which -«*'^--*-'
is, that the Town councill have power to make a rate or
to lay out upon such occasion, what fines are taken for
men's defect in traininge for such as they judge not able
to buy armes.

8. Ordered, that the President and Mr. Samuel Gor- Letterfrom

' Plymouth

ton shall draw up an answer to a letter sent from Ply- ^^°^^^^°^
mouth, concerninge Hog Island, which shall be subscribed
by the Clarke of this Assembly ; as alsoe to draw up an
answer to a letter from the Commissioners of the United
Collonys, which shall be subscribed by the clarke of this
Assembly. The copies of which are as follows, viz.:

Letter to Plymouth concerning Hog Island.

Honored Gentlemen :

There hath come to our view a letter bearing date the

against vs, -wlierein their boonors have beeu pleased to give vs notice, and doe ex-
pect our answer for cleering y" same, wee therefore, the Governor and Compa-
ny of Massatusetts aforesaid, assembled in our Genuerall Courte, being carefull
to give all dew respect to his lordship and y' honorable comissiou, and having
good assurance of the wisdome and faithfullness of yow, our worthy and loving
friend, Mr. Edwarde Wiuslowe, doe hereby give power and comission to yow
to appeare before his lordship and commissioners, and presenting our most
humble duty and service to their honnors, for vs, and in our names, to exhibit
our just remonstrance in way of answer to y° said falce and vnjust chardge of
the said Gorton, &c., and by the same and other wriitings and instructions de-
li uered vnto yow under the hand of Mr. Increase Nowell, our secretary, to in-
f orme their honnors of y"' truth and reasons of our proceedings with y" said
Gorton, &c., and with y" disposition and behaviour of y° said Gorton, etc., so
as our innoceney and y° justice of our proceedings may appear to their honnors
satisfaction, and if any other complaint ia anyiiind have binn or shall be made
against vs before the said commissioners or the high Courte of Parliament,
yow have heereby like power and comission to answer on our behalf according
to your instructions ; and wee humbly crave of y° high Courte of Parliament
and of y" honnorable comissioners, that they will vouchsafe our said comis-
sioner a free liberty of seasonable accesse as occasion shall require, and a fa-
vorable hearing with such creditt to such writings as he shall present in our
names, vnder the hands of our said secretary, as if we had presented them in
person, vpon y' faith and credit which wee would not willingly violate for all
wordly advantage ; and y' our said commissioner may finde such speedy dis-
patch, and may be vnder such safe protection in his stay and retourne as the
honnorable Courte vseth to afford to their humble subjects and servants in like
cases. In testimony hereof, we have cawsed our comon scale to be hereunto
affixed. Dated this 4th November, [1646].

374 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. 3cl of March instant, directed to our honored president,
^-^-v-^-^&c, the contents whereof are concerninge an Island with-
in our Collony, called Hog Island. We shall not insist on
the particulars of the letter, seeinge you refer us to further
discourses with that honored gentleman Captaine Willett ;
only this we assure you our confydence and knowledge of
our indubitable right and commission to the propriety of,
and for the jurisdiction of the aforesayd Island, together
with all the rest of the Islands within this Bay, as alsoe
such other lands as by our charter are expressed to be ours
is such that, therefore we refer you for further informa-
tion to that discourse with Capt. Willett by our President,
not doubtinge but he is furnished with such things as will
shew both Capt. Willett and you, that our resolutions are
grounded on justice and reason, in both which we desire
to remaine.

Yours in allloveing respects subscribed,

JOHN SANFORD,
Clarke of y^ Assembly.
Portsmouth, dated March 13, 1657-58,
from the General Assembly of the
Collony of Providence Plantations.
To the much Honored Thomas Prince, Governor at Ply-
mouth, in New England, for himselfe and the rest of
our honored friends whom it may concerne in Plymouth
jurisdiction, these present.

Letter from the Commissioners of the United Colonies to
Rhode Island, concerning the Quakers.

The Commissioners being informed that divers Quakers
are arrived this summer at Rode Island, and entertained
there, which may prove dangerous to the Collonies,
thought meet to manifest theire minds to the Governor
there, as folio weth :

Gent :

We suppose you have understood that the last yeare
a companie of Quakers arived at Boston vpon noe other

AND PROVIDENCE PLANTATIONS. 375

account than to disperse theire pernicious opinions bad 1658.
they not been prevented by the prudent care of that Gov- "-"^^-^^^^^

'' i ^ i Letter from

ernment, whoe by that experience they had of them, be- g^j^^^"^^'-
ing sencable of the danger that might befale the Christian Skers!
religion heer professed, by suffering such to bee received
or continued in the country, presented the same unto the
Commissioners att theire meetinge at Plymouth, whoe
upon that occasion comended it to the Generall Courts of
the United Collonies, that all Quakers, Ranters, and such
notorious heretiques might bee prohibited coming among
vs ; and that if such should arise from amongst ourselves,
speedy care might bee taken to remove them (and as we
are informed), the severall jurisdictions have made provi-
sion accordingly ; but it is by experience found that
meanes will fall short without further care by reason of
your admission and receiveing of such from whence they
may have opportunitie to creep in amongst us, or meanes
to infuse and spread theire accursed tenates to the great
trouble of the collonies, if not to the subversion of the
[lawes] professed in them. Notwithstanding any care
that hath been hitherto taken to prevent the same whereof
wee cannot but bee very sensible, and thinke noe care too
great to preserve us from such a pest, the contagion
whereof (if received) within youer Collonie were danger-
ous, &c., to be defused to the other by meanes of the in-
tercourse especially to the place of trade amongst us.
Wee therefore make it our request that you, as well as the
rest of the Collonies, take such order herein that youre
naighbours may be freed from that danger ; that you re-
move those Quakers that have been receaved, and for the
future prohibite theire cominge amongst you ; whereunto
the rule of charitie to yourselves and vs (wee conceave), doth
oblidge you wherein if you should, wee hope you will not
be wantinge ; yett wee could not but signifie this oure de-
sire ; and further declare that wee apprehend that it will
bee our duty seriously to consider what further provision
God may call us to make to prevent the aforesaid mis-

376 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. chiefe ; and for our farther guidance and direction herein,
'^-*'"^''"^^ wee desire you to imparte youer mind and resolution to
the Generall Court of the Massachusetts, which assembleth
the 14th October next ; wee have not further to trouble
you att present, but to assure you wee desire to continew
your loveinge frinds and naighbours, the comissioners of
the United Collonie.*

Boston, September 12, 1657.

SIMON BRADSTREET, President.
Daniel Denison,
Thomas Prence,
' John Mason,

John Taylcott,
Theophilus Eaton,
William Leete.

Letter from the government of the Colony of Rhode Island,
in reply to the letter from the Commissioners of the Unit-
ed Colonies, concerning the Quakers.

Much Honored Gentlemen :

Please you to understand, that there hath come to
our view a letter subscrcibed by the honour' d gentlemen
commissioners of the United Coloneys, the contents
whereof are a request concerning certayne people called
Quakers, come among us lately, &c.

Our desires are, in all things possible, to pursue after
and keepe fayre and loveing correspondence and enter-
course with all the collonys, and with all our countrey-
men in New England ; and to that purpose we have en-
deavoured (and shall still endeavour), to answer the
desires and requests from all parts of the countrey,
coming unto us, in all just and equall returnes, to which
end the coloney have made seasonable provision to
preserve a just and equal entercourse between the colo-

Letter from
Rhode Is-
land in re-
ply to the
Gommis-

Hazarrl's Rtnte Tz^'i-z-, — ^ '■''.. n. 370.

AND PROVIDENCE PLANTATIONS. 377

neys and us, by giving justice to any that demand it 1658,
among us, and by returneing such as make escapes from ^-*'^'-"«^"
you, or from the other colonys, being such as fly from
the hands of justice, for matters of crime done or commit-
ted amongst you, &c. And as concerning these quakers
(so called), which are now among us, we have no law
among us, whereby to punish any for only declaring by
words, &c., theire mindes and understandings concerning
the things and ways of God, as to salvation and an eter-
nal condition. And we, moreover, finde, that in those
places where these people aforesaid, in this coloney, are
most of all suffered to declare themselves freely, and are
only opposed by arguments in discourse, there they least
of all desire to come, and we are informed that they be-
gin to loath this place, for that they are not opposed by
the civill authority, but with all patience and meeknes are
suffered to say over their pretended revelations and admo-
nitions, nor are they like or able to gain many here to
their way ; surely we find that they delight to be perse-
cuted by civill powers, and when they are soe, they are
like to gain more adherents by the conseyte of their pa-
tient sufferings, than by consent to their pernicious say-
ings. And yet we conceive, that theire doctrines tend to
very absolute cutting downe and overturninge relations
and civill government among men, if generally received.
But as to the dammage that may in likelyhood accrue to
the neighbour colloneys by theire being here entertained,
we conceive it will not prove so dangerous (as else it
might), in regard of the course taken by you to send them
away out of the countrey, as they come among you. But,
however, at present, we judge it requisitt (and do intend)
to commend the consideration of their extravagant outgo-
inges unto the Generall Assembly of our colloney in March
next, where we hope there will be such order taken, as
may, in all honest and contientious manner, prevent the
bad effects of theire doctrines and endeavours ; and soe,
in all courtious and loveing respects, and with desire of

378

RECORDS OF THE COLONY OF RHODE ISLAND,

1658. all lionest and fayre commerce with you, and the rest of
'^'*'"^'"*^ our honoured and beloved countreymen, we rest,*
Yours, in all loving respects to serve you,

BENEDICT ARNOLD, President.
William Baulston,
Randall Ho widen,
Arthur Fenner,
William Feild.
From Providence, at the Court of Trialls,
held for that Colony, Oct. 13th, 1657.
To the much honoured, the General Court, sitting at Bos-
ton, for the collony of Massachusetts.

Letter from the General As semhly of the C ol on ij of Provi-
dence Plantations to the Massachusetts, in reply to the
letter of the Commissioners concerning the Quakers.

Honored Gentlemen :
Letter from Therc liatli becue presented to oure view by our

Assembly^ Honorcd president, a letter bearing date September 25th
^^«°^e ^Pian- last, subscribed by the Honoured gentlemen Commission-
Mas^sachu- ^^^ ^£ ^|^g Uuitcd Collouys concerninge a company of peo-
ple (lately arrived in these parts of the world), commonly
knowne by the name of Quakers, whoe are generally con-
ceived pernicious, either intentionally, or at least wise in
efect, even to the corruptinge of good manners and dis-
turbinge the common peace and sosieties of the places
where they arise or resort unto, &c.

Now, whereas, freedom of different consciences, to be
protected from inforcements was the principle ground of
our Charter, both with respect to our humble sute for it,

* Hutcliiusou's Massachusetts Bay, Appeiidix No>, xi ; also Hazard's State
Papers, vol. ii., p. 552. Neither this, or the letter of the Commissioners to
which it is in reply, are among the Ehode Island Records. The reply of the
General Assembly, which follows, evidently refers to the same letter, although
the date spoken of is the 12th September, instead of the 25th.

AND PROVIDENCE PLANTATIONS. 379

as also to the true intent of the Honourable and renowned 1658.
parleiment of England in grauntinge of the same unto us ; ^-*'-^'-^^
which freedom we still prize as the greatest hapines that
men can posess in this world.

Therefore, we shall for the preservation of our civill
peace and order, the more seriously take notice that those
people and any other that are here, or shall come amongst
us, be impartially required, and to our utmost constrayned
to perform all duties requisitt towards the maintaineinge
the right of his Highness and the government of that most
renowned Parliament of England in this collony, which is
most happily included under the same dominion and gra-
ciously taken into protection thereof: And in case they
the sayd Quakers which are here, or who shall arise or
come among us, doe refuse to subject themselves to all
duties aforesayed, as trayninge, watchinge, and such other
ingadgements, as other members of civill societies, for the
preservation of the same in justice and peace ; then we
determine, yea, and we resolve (however) to take and
make use of the first opurtunity to inform our agent resid-
inge in England, that we may humbly present the matter
(as touchinge the considerations premised, concerninge the
aforenamed people called Quakers)* unto the supreame
authority of England, humbly craveing their advice and
order, how to carry ourselves in any further respect tow-
ards these people soe, that therewithal! theire may be noe
damadge, or infringement of that chiefe principle in our
charter concerninge freedom of consciences, and we alsoe
are soe much the more incouradged to make our addresses

* While the Commissiouers of the United Colonies were endeavoring to
drive the Quakers from Ehode Island, Plymouth was sending them here, as
appears from the following from the Plymouth Kecords. " Att this Court
Humphrey Norton, one of those commonly called Quakers be summoned, ap-
peered and was examined and found guilty of divers horrid errors, and was
sentenced speedily to depart the government, and was forthwith expelled the
government by the under marshall, whoe was required to accompany him as
farr as Assouett, towards Road Island."

380 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. unto the Lord Protector, his highness and government
'^■^'^^"^-^ aforesayd ; for that we understand there are, or have
beine many of the foresayed people suffered to live in
England ; yea even in the heart of the nation. And thus
with our truly thankfuU acknowledments of the honoura-
ble care of the honored gentlemen commissioners of the
United Collonies, for the peace and welfare of the whole
country, as is expressed in their most friendly letter, we
shall at present take leave and rest.

Yours, most affectionately de-
sirous of your honors and
welfaire.

JOHN SANFORD,
Clerk of the Assembly,
Portsmouth, March 13th, 1657-8.

From the General Assembly of the CoUony
of Providence Plantations.
To the much Honored John Endicott,
Governor of the Massachusetts, to
be alsoe imparted to the Honorable
Commissioners of the United Collo-
nies at their next meeting. These

11. In regard of the present occasions of discourse that
the President is to have with some who have made a kinde
of claim to part of this jurisdiction.

It is ordered, that the Grand Charter of the CoUony in
Mr. Roger Williams his hands, be delivered to the Presi-
dent by a safe hand with all possible speede and convey-
ance ; yet soe that if Mr. Williams desire to have it
againe in possession, he shall upon demand receive it,
about or at the Court of Election, in May next, he giv-
inge under his hand of the receit thereof, untill the collony
takes further order concerninge it ; as alsoe the Councill
of States letter in Mr. Nicholas Easton's hands is to be
dehvered to the President for the aforesayd occasion,

AND PROVIDENCE PLANTATIONS. 381

and upon the same conditions, to be returned if Mr. Eas- 1658.
ton desire it, till the court take further order. And the ^-'•-v-^'
coppy of this order shall be their warrant under the hand
of the Clarke of the Assembly ; as also a sufficient reason
and way together with the President's demand under his
hand to demaund and receive, as alsoe in case as aforesayd
to returne the sayd charter and letter.

12. It is ordered, that for the present yeare, the elec- Election of

' . . . Military Of-

tions that have beene lately made of military officers in^°^«^^^*'
any Towne of the Collony, or may be made on the accus-
tomed day used by any towne that have not yet made
choyce for this yeare, shall stand and be authenticke in that
behalfe untill the first Tuesday after the twelfth day of the
next month of March that ensues after this present March ;
and then and from thence forward, all the townes to make '^''^^ °f

' choyce.

the sayd choyce accordinge to time and manner expressed
in the orders of the court made in 1647, which are re-
vised as aforesayd.

13. As an addition to the former law concerninge the Excise of
excise of liquors; we order and declare, that noe person^'''''*'"'
or persons, that shall hereafter come from any other parts

out of this Collony, either inhabitant or stranger, which
doth bringe either liquors or wine into any towne or parts
of this Collony. That noe such person shall presume to
deliver or bringe any such liquors or wine out of that ves-
sell in which they bringe any liquors or wine into this
colony, untill they have payed after the rate of five shil-
lings for every anker of liquors, and after the rate of five
shillings for every quarter caske of wine unto the towne
treasury ; or untill he have agreed with the Towne
Treasurer for the payment thereof ; or at least doe give
information to the searchers, of the true quantity of what
he hath brought. And if any shall presume to act con-
trary to this order, by landinge liquors or wine without
doeinge as is before premised, that person or persons who-
soever he or they be, shall forfitt and lose all such liquors
and wine, or the value of it, which shall be taken by clis-

382 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. traint by a warrant under the President, or any Generall
^-''^N^'*-' Assistants hand, by any person which the officer shall

apoynt for that service.
vesseiis to ^^^ further, we order, that each Towne in this Collony
be searched. ^^I^^^l apoyut two mcu lu cach Towne, who are hereby au-
thorized to goe a board of all vessells that shall come
unto any towne in this collony, or any parts within the
jurisdiction of this collony, and make dilligent search for,
and take a true accompt of, all such liquors and wine
which is in any such vessell ; and for their care and paines
herein, they shall have six pence per man out of the ex-
cise for every ancker of liquors ; and six pence per man
for every quarter caske of wine which is excised. Further,
these persons soe apoynted by each towne, or either of
them, if they finde any liquors or wine landinge or landed
without the performance of the abovesayd injunction, they
are hereby authorized to seize and take away all such
liquors or wine, and shall have the one halfe for their in-
J'jized ^° ^"^ courradgment, and the other halfe shall go to the town
treasury ; further, if these persons or any other shall give
true information of any liquors or wine which shall be in
any man's house, brought in without the performance of
the abovesayd injunction, they shall have one fowerth part
thereof, and the other fowerth part shall goe to the officer
that takes it. And one halfe shall be returned to the
towne treasury, which shall be taken as aforesayd. And
if those persons soe apoynted by each towne shall prove
false in not givinge certaine information accordinge to
their knowledge of all liquors and wine which shall be
landed, then they shall pay after the rate of five shillings
for every ancker of liquors, and after the rate of five shil-
lings for every quarter caske of wine soe landed, which
shall be taken by distraint as afore premised, and shall
returne to the towne treasury.

14. It is ordered by this present Assemblie and au-
thoritie thereof, that neither the Generall Recorder, nor
any otker person within this collony, who have in his or

Penalty, if
the search-
era prove

Coppie of
the charter
not to be
given forth

AND PROVIDENCE PLANTATIONS. 383

their custody either the originalls (or copies thereof), be- 1658.
inge either the Grand Charter of the coUony from the '~-*^~-^*^
State of England, the Councill of State's letter brought
from England by Mr. WilUam Dyre, or the Lord Protector
of the Commonwealth of England, &c., his late letter and
order to the collony ; noe such person or persons shall,
upon the penaltie of one hundred pownds starllinge, be
soe hardy from henceforth as to give forth any coppy or
coppies of the premises whatsoever, without speciall order
from a court of commissioners. And in case of default
herein, the person ofTendinge shall be prosecuted against
by the same waye as is by law in the Collony apoynted
for tryinge offenders and breakers of the lawes, and that
to be prosecuted by the Generall atturney : And the
Clarke of this Assembly is ordered to send a coppy of this
order unto Mr. Roger Williams.

15. Ordered, that a petition sent from Mr. Roger Petition

'- '^ from Roger

Williams shall be read : And whereas there was a deed of ^^'i"'a°is-
gift presented with the petition, the sayd deed shall be
againe returned, and a copy thereof remaine on file.

16. Upon Mr. Roger Williams's petition which hathcon<=^™-
been read in this Assembly ; and also upon the sight of ^siand'nope
his deed of gift from Miantonomi, late chief sachem of
Narragansett, for the Island called Hope, which deed is
recorded by order, as aforesayd ; and upon evidence pre-
sented thereto, which doth make it undoubtedly a cer-

taine and lawfull deed in the Judgment of the court ;
the Court doe declare their sense in the premises, that
Mr. Williams by the authority of this Court doe make re-
payre to the chiefe sachems, successors to Miantonomi,
and as from the court, desire them to remove their Indians
off the sayd Island, and to leave free possession of it to
Mr. WiUiams, and his assigns ; or else they will be pros-
ecuted against legally for wronge detainure by Mr. Wil-
liams or his assigns ; and that by the authority of the
lawes in this Collony.

384 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. 17. It is ordered, that in all cases wherein any per-
'-^^^'^^^ ticular person is the prossicutor, he or they shall pay the

pay the jury. jury.

Returnoof ^g. It is ordorod, that the Generall Seriant shall re-
fines and ' J

distraynts. ^^J.^^(3 ^H finos or distrainte into the Treasury, and shall
not without order from the Treasury under the Treasurer's
hand, keepe any such fines as aforesayd, upon the penalty
of five pound.

Audit Com- 19. It is ordered, that John Easton, of Newport, and

mittee. ' , ' ^.

John Greene, Jun'r, shall audit the Generall Serjants ac-
compts that are not already audited, in May next, at
Warwicke, and bringe the accompt to that Court.
Rate levied. 20. It is Ordered, that a rate of five pounds five shil-
lings shall be made in each towne, which shall be gath-
ered betweene this and the next Generall Court of EIoct
tion, held at Warwicke, and there delivered at that
Court to the Generall Sarjant, it being for soe much due
to him.

21. Vpon a petition of Thomas Winterton. It is or-

Thomas

winterton's dercd, that his fine at the last Generall Court of Tryalls,
held in October last, at Providence, is remitted, he pay-
ing three shillings, four pence.
jjg^^y 22. Whereas, Henry Hobson doth stand upon record

^°^'°°- in the court of tryalls, held at Newport, in March last,
1656, as guilty of suspicion of fellony, which matter was
not then fully issued ; he havinge petitioned to this court
to take some course about it ; the court have ordered,
that the sayd Hobson is acquitted, he paying officers
fees.
Captain 23. Whorcas, Captaine Thomas Cooke was fined tenn

cook^?' shillings at the last Generall Court of TryaUs, held in Oc-
tober last, at Providence, it is ordered, that his fine is re-
mitted.
Mr. Cod- 24. It is ordered, that y® bill of John Sanford's touch-

■dington's *'

||^f°f/°^°inge his petition to the court for beinge indicted at the
Court of Tryalls, by William Coddington, was to be read.

^^ ^v>^^j_j ^^^v^ J John San-
ford's trial.

AND PROVIDENCE PLANTATIONS. 835

25. Ordered, that the Sarjent was sent to Mr. William 1658.
Coddington to come into the Court to plead against the '-^'^-^^'^
Generall Recorder, John Sanford.

26. John Smith, of Warwicke, was chosen Clarke of John smith,

' ' Clarke.

this Assembly in the tryall of the present case dependinge
by Mr. William Coddington against John Sanford,

27. John Sanford called, and his charge being read
pleads not guilty ; and puts himself on the tryall of the
Court.

28. Mr. William Coddington called, to prosecute his
charge against John Sanford.

29. Ordered, that Mr. Coddington beinge called, and
denyinge to prossicute, that his denyall shall stand upon
record, and his aligation also ; which is that he is not
ready to prossicute because his writings he hath sent
home.

30. It is ordered, that beins: there is none apeareth to sanford

° ^ cleared.

prossicute against the Generall Recorder, John Sanford,
as concerninge two bills presented by Mr. William Cod-
dington against him, and fownd by the grand jury, the
Court doe declare that the Recorder is cleared by procla-
mation in the premises, payinge fees.

Ordered, that the Clarke of this Assembly shall have
twenty shillings from each towne for coppies of this court
orders.

386 KECORDS OF THE COLONY OF RHODE ISLAND,

1658.

Att the Gemrall Court of Election held at Warwicke, May
the IWi, 1658.

Mr. Benedict Arnold, Moderator,

Mr. Benedict Arnold, chosen President.

Mr. William Feild, chosen Assistant for Providence ;
Mr. Roger Williams next.

Mr. William Baulston, Assistant for Portsmouth.

Mr. Joseph Clarke, Assistant for Newport ; Mr. Wil-
liam Jeffries, next.

Mr. Randall Houlden, Assistant for Warwicke ; Mr.
John Smyth, next.

John Sanford, chosen Generall Recorder ; Mr. John
Greene, Junior, next.

Richard Knight, Generall Sarjant ; James Rogers,
next.

John Sanford, chosen Generall Treasurer ; John Greene,
next.

Mr. John Greene, jun'r, Generall Atturney ; Captain
John Cranston, next.

James Rogers, Generall Solicitor ; Mr. Richard Bul-
ger, next.

Richard Knight, Water bayly ; Gen'l James Sweett,
next.

AND PROVIDENCE PLANTATIONS.

Att the Gemrall Court of Commissioners, held for the
Colloiiy at Warivicke, the ISth of May, 1658.

Mr. Benedict Arnold, chosen moderator.
John Sanford, chosen Cbirke of this Assembly.

1. William White, Benjamin Herndell, John Smyth, mitteTfrom
Lawr Wilkinson, Hen: Neale, Tho: Arnold, Robert Pyke,
Maturin Ballue, William Fenner, Edward Smyth, Edward
Enman, Stephen Northup, John Brown, Robert Cole way,

Vail. Whitman, Pardon Tillinghast, John Smyth, Miller,
George Way, Shadrach Manton, Epenitus Olney, Henry
Browne, Hen: Fowler, Thomas Harris, jun'r, Tho's Suck-
linge, John Fenner, George Shepard, Zachery Rhodes,
and Stephen Arnold, all of Providence, are admitted free-
men of this CoUony.

2. Ordered, that Samuel Sanford, Stephen Wilcocke, m^tt«i^from
Christopher Almy, Richard Pearce, William Earle, Wil-
liam Foster, William Corry, John Almy, Thomas Wood,

and Thomas Kent, being freemen of the Towne of Ports-
month, are admitted freemen of this Collonv-

•^ Concerningc

3. Whereas, there is remaininge in the hands of Mr. p'j.^t'^of'''
Nicholas Easton, of Newport, a considerable some of"""^^^"
money, or estate, which was committed to him by order

of Court in the yeere 1652 (or '53), which estate is duly
appertaininge to the use of his highness, the Lord Protec-
tor of the Commonwealth of England ; and the CoUony is
to be countable therefore, when his highness shall please
to call for an account of those passiges, viz. Concerninge
the State's parte of prizes taken in the time of the differ-
ence in this Collony with the Dutch ; and further,
whereas, by an order of Court made in the yeare 1656 (or
'57), parte of the sayd estate, hath beine demanded by

388 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. Christopher Almy of Mr. Easton. And he having denyed
^-^^^^^^^ to deliver the same on or by virtue of the sayd order, or
on any security or discharge that the court can give, as
by evidence in this present Assembly given, it doth
playnly apeare ; Therefore, to prevent embezlinge or
looseing the sayd estate, by any sinister act or accident
whereby the collony may suffer damadge in case of beinge
called to account aboute the premises ; It is ordered, by
the authority of this Assembly, that John Sanford, Gen-
eral Treasurer for the collony, doe without delay demaund
the accompts of William Lytherland, that concerne the
premises ; and doe with the helpe of Mr. John Greene,
of Warwicke, jun'r, Generall Attorney of the sayd Wil-
liam Lytherland, peruse the accompts and orders made
aboute the same ; and haveinge fownd what the sum is
that remaines in the sayd Eston's hands ; that then by
virtue of this order, the General Treasurer is required
and fully empowered to demaund the sayd estate of the
sayd Mr. Nicholas Easton, &c., and to receive the same
for the Collony, to dispose of by order of a Court of Com-
missioners for the collony's security ; as alsoe the Treasu-
rer is authorized upon the receipt of the same, to give a
discharge in the Collony's name and behalfe to the sayd
Mr. Easton ; which discharge shall be authentique, to se-
cure the sayd Mr. Easton from any further demaunds in
that perticular. And in case Mr. Easton deny to make
and give an accompt, and to deliver the sayd estate unto
the Generall Treasurer upon all demaund ; then the
Treasurer is ordered thereupon to give notice to the Gen-
erall Atturney, who is required upon such notice without
delay to arrest the sayd Mr. Easton for the same, and to
sue and impleade him legally for the same ; and soe to
doe and act therein accordinge as he shall see grounds le-
gally to proceede by virtue of this order, or by direction
of any other, or speciall orders that concerne the premises.
And upon recovery of the premises or any parte or parts
thereof, the Generall Atturney is to cause the same to be

AND PROVIDENCE PLANTATIONS. 389

delivered immediately into the hands of the Gencmll 1658.
Treasurer. v-^-v—*^

Money to be

4. And further, upon the Generall Treasurer's receipt

paid to

without com ■
mission,
shall malce

of the premises, the Court doe hereby order the Treasu- Atoy!"^'*""
rer to deliver twenty-eight pound, five shillings thereof
unto Christopher Almy, of Portsmouth, or to his order,
upon demaund, and take receipt thereof in the name and
behalfe of the Collony, with the proviso in the receipt,
that in case his Highnes, the Lord Protector, shall not'
approve of the returninge or payinge the sayd Christo-
pher, but shall please to disallow the same, then the sayd
Christopher shall be responsible and lyable to returne the
same againe to the Collony upon demaund in such a case,
to doe which, he shall engadge himselfe his heyres.

5. Vpon a serious information from severall considera- ^f'^such'^who
ble members of this Collony, of the inordinate desires and
mischievous consults and endeavors of ill-disposed persons, pi-TzeroT

^ ^ Dutch ves-

pretentinge to make prize of such Dutchmen as come to trade ^'^'^ or goods
with the English'in this Collony ; and the Court taking in se-
rious consideration the bad effects that may ensue if such un-
commissionated and idle worthless persons should putt such
thinges in practice in this Collony, whereby the Collony
may be indamnifyed in case of beinge called to account
for sufferinge snch irregular proceedings : It is therefore,
by the authority of this Assembly enacted, that noe per-
son or persons whatsoever, shall, within the precinkes of
this Collony, from henceforth, be soe hardy, as to attempt
or putt in practice, any such designe of seizinge any,
either Dutch goods or vessells, that shall arrive, or be
brought into this collony, to be sould to the English here ;
without the sayd person or persons have an express and es-
peciall commission from the State of England, or have or-
der from the law-makinge Assembly of this Collonie soe
to doe. And in case of actinge contrary to this order,
that person or persons so actinge, shall be imprisoned, and
kept and tryed as for fellony untill he hath made or given
sufficient security to make double restitution, for all such

Orders
about :
Island,

390 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. goods or vessells soe taken, and any charges and damages
"-"'"•^'■"'^ that may ensue to snch owners by the meere attempt of
such takinge, by any such vncommissionated person or
persons whatsoever ; as alsoe each offender herein, shall
pay a fine of tenn pound to the collony, or shall be pun-
ishened corporally as for fellony.

8. Forasmuch as there hath of late falne out a seem-
inge, and an unexpected difference betweene our loveinge
'and peaceable neighbours of New Plymouth and this Col-
lony of Providence Plantations, concerning a small Island
lyinge in the Narragansett Bay, knowne by the name of
Hog Island ; the matter of difference lately beinge re-
ferred to Mr. Thomas Willett of Plymouth, and Mr. Bene-
dict Arnold, to be discust ; and they seekinge some peace-
able and neighbourly way to finde out the mistake, and
soe cleare the matter, concluded upon the choyce of fewer
judicious men to be chosen on each side, to end the con-
troversy by searchinge out the truth of the matter, how
the case stands in • poynt of the difference: Whereupon,
Captain Willett despatched letters to the Governor of
Plymouth, to signify the conclusion of himselfe and Mr.
Arnold, for the order and manner of further recapitulation
and determination of the premises. This Collony accord-

Commis- , ,

pointed ?o" ^"S'^y ^^^'^ ^y ^^^^ joy^^ consent of a Court of Commission-
ad^ustmat- gj^.g selected fewer men for the purpose abovesayd, namely,
]\Ir. Benedict Arnold, and Mr. William Baulston, of Rhode
Island, to be our trusty and well-
beloved friends ; and have alsoe authorized, impowered,
and given full commission unto them to consult, debate,
determine, resolve, conclude upon and ishue the difference
above mentioned, or any other that may necessarily arise
by meanes of the handlinge and discussinge of that mat-
ter ; and that in manner and form as is expressed in their
private instructions.
Instructions 9. It Is ordcrcd, that this afore written is to be re-

to be re- ...,-,.

corded. corded, as alsoe that certame instructions dependmge
hereupon, and delivered into the hands of the President

AND PROVIDENCE PLANTATIONS. 391

for the use of the commissioners above named in refer- 1658.
ence to the premises. ^-^-v--*-'

10. Ordered, that the private instructions delivered to
the President, for the use of the Commissioners that are
by the Court elected and authorized to treat with Ply-
mouth commissioners, shall be subscribed by the clarke of
this Assembly.

11. Vpon a bill presented by some inhabitants of
Warwicke to this Court for advice concerninge address for
severall abuses offered and done to the people of War-
wicke by Pumham, who dwells on the Mishowomett neck,
both in killing cattle, and forceable entry upon their
lands, the Court result is ; that such as see cause, may
lawfully arrest Pumham or any other Indians upon War-
wicke lands ; either on Showomett neck, or any other
parts ; or on any other parts of land that is in the English
possession, or that is in their right by purchase from the
Indians within the confynes of this coilony ; and may take
and have the same process of law in the coilony against
such Indians so arrested, as is used against any other
persons, either English or others in this coilony.

12. Whereas, it appeareth to this Assembly that n^ot- j||[:^°^^'''^°
withstandinge all the care that hath been taken to have a
prisson or prissons in the coilony, for the safe keepinge of of-
ofTenders, or such as may be on severall cases arrested, and
cannot, or otherwise will not give security, for appearance

to tryall, &c.; yet soe it is that noe prisson is yet in such ca-
passity within the coUonies as to answer the sayd occasion.
And further, the court fyndinge by experience, how diffi-
cult it will be to procure two prissons accordinge to former
order, as alsoe two cages, &c.; and alsoe the great u^Hier-
tainty and difficulty as will from time to time arise m the
useing such prissons and cages for want of sufficient keep-
ers. And furthermore, taking into consideration the
direct and absolute way and course that the towne of
Newport have lately taken for the present furnishinge the

392 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. prisson in their towne, which prisson is already in a good
^-^v^*-' forwardness. Upon the consideration of the aforesayd,
the Court do therefore order and declare that the sayd
prisson house at Newport, accordingly finished as the sayd
Towne have lately agreed to doe by a late towne order
shall be ; and shall be accounted to be the prisson for the
occasions that may arise in any parts of the coUony to
make use of the same. And in order thereto, and in con-
sideration thereof, the Court do order, that the other three
townes shall pay towards the buildinge the sayd prisson as
followeth, namely : The towne of Portsmouth shall pay
tenn pounds, besides what they have already paid, and it
to be paid at or before the last day of October next ; and
Providence Towne, together with those at Pawtuxett, to
Providence belonginge, shall pay thirty pounds, and shall
alsoe pay it at or before the aforesayd last day of October
next ; and Warwicke Towne shall pay twenty pounds,
and shall pay it at Newport court in June next. All
which payments are to be duely and truely made unto
such persons of the towne of Newport, as shall, by vertue
??™fof of that towne's order, be apoynted to receive the monies
of that towne's rate, to the use of the prison aforesayd ;
and it to be paid in peage, or corn, or cattell, at price
current accordinge to the accompte of white peage at six
per penny. And further, the Court doe hereupon de-
clare, that Warwicke towne are freed from buildinge a
prisson in theire towne ; as alsoe Providence and Ports-
mouth are freed from building a cage in each towne, any
former law to that purpose made notwitstandinge ; as also
with this proviso ; that the Generall Sarjant shall, from
time to time, take care that the prison be not voyd of a
sufficient keeper ; as also that the town of Newport doe
advise and assist him therein ; and that also the sayd
towne doe take care and be at the cost of keepinge the
sayd prisson in such repayre from time to time, as may be
suteable for the use premised ; and that also, it may be

prison

AND PROVIDENCE PLANTATIONS. 393

made capable for the occasion before the last of October 1658.
next. v.-*-v-^-/

13. Whereas, certaine persons have moved the Court ^^^J^f^^^^
to give their judgments and resolution, what way a Com- .^loneT'o r?-
missioner of the law-making Assembly may take to re- J'^^^^^^^g
cover his payment of the Towne for which he served at

such courts in case it be not tendered.

The Court's order is, that every person that have done
service, is to demaund the pay of the treasurer of the
town for which he served. And in case the treasurer
pay it not, the grieved party may sue the sayd treasurer
at the law and recover his pay and charges of him in such
case. And also, if any such person that for not servinge
in like case doe^ refuse to pay the Towne Treasurer the
fine of six shillings a day for non-performinge the service
of a Commissioner, beinge by the towne chosen ; then the
Towne Treasurer may sue the party at the law, and re-
cover the fine and the charges, in the name and behalfe,
and for the towne's use where it is due : Provided, the
Court of Commissioners doe finde such defective persons
justly fyneable, and make record thereof. And this is de-
clared to be the meaninge of the law made concerninge
payinge or fyneinge of Commissioners since the union in
the CoUony, [by] which union is understood, that made at
Warwicke in the yeare 1654.

14. It is ordered, that the commission concerninge the ^°^^'^f ^'^
officeof Water Bayliff General!, which hath formerly beene ^^^■'^•
given to Richard Knight, who is now also chosen to the

same ofiice, that the foresayd commission shall be in force
and vertue to that effect untill further order be taken.

15. Ordered, that Mr. Arthur Fenner, Mr. Henry commis-

1 -yr rr 1 t^ -, ■, ' , Eioners fined

Browne and Mr. Zachary Koades, being chosen commis-
sioners by the towne of Providence ; and Mr. Richard
Tew and Mr. John Easton boath chosen commissioners
by the towne of Newport ; they not appearinge, are
judged by the Court fyned for fewer dayes absence.

16. Mr. John Porter and Mr. John Roome, chosen

394

RECORDS OF THE COLONY OF RHODE ISLAND,

1658. commissioners for Portsmouth, they beinge by ihies not
-'"^'"*^ able to atencl that service, their fines are remitted.

17. It is ordered, that the bill of charges by the Sar-
jant at this Court, shall be signed by the Moderator of
this Asseml^ly.

18. Ordered, that the Generall Recorder shall have
tenn shillings for the acts of this Court from each
Towne.

The General Court of Commissioners held for the CoUony,
at Warwicke, November the 2d, 1658.

COMMISSIONERS FOR
PROVIDENCE.

Mr. Roger Williams,
Mr. AVilliam Feild,
Mr. Thomas Olney,
Mr. Richard Waterman,
Mr. Roger Morry,
Mr. James Ashton.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. Benedict Arnold,
Mr. William Baulston.
Mr. John Tripp,
Mr. Henry Pearcy,
Mr. John Almy,
John Sanford.

COMJnSSIONERS FOR
NEWPORT.

Mr. Caleb Carr,
Mr. Obadiah Holmes,
Mr. Joseph Torrey,
Mr. John Easton,
Mr. John Crandall,
Mr. Robert Grifiin.

COMMISSIONERS FOR
AVARWICK.

Capt. Randall Houlden,
Mr. Samuel Gorton,
Mr. Ezekiell Holyman,
Mr. John Smyth,
Mr. John Weeks,
Mr. John Greene, jun'r.

Mr. Benedict Arnold, chosen Moderator.
John Sanford, chosen Clarke of this Assembly.

AND PROVIDENCE PLANTATIONS. 395

Ordered, that Mr. John Crandall, chosen a Commis- 1658.
sioner by the Towne of Newport, beinoje absent when the ^-^^v-^-'

•' i. u John

Court began, and Lott Strainge putt on in his roome, thecrandaii.
sayd Crandall now apearinge, is admitted a commissioner
of the Court, and Lott Strainge is excused.

Whereas, the Generall Court of Try alls to begin on the^en^^^^'l
second Tuesday in October last, was, by extremety of'^'"^''"''
wether frustrate of meetings on that day, and soe could
not then sitt and be in capassity of dispatchinge matters
there dependinge, as to begin on that day ; as also after-
wards the Court meetinge and sittings, beinge yett forced
to adjourne till the first Wednesday of this present No-
vember, because many persons were absent by necessity
and force of wether, who were bownd to the sayd Court :
This Assembly doe declare that all matters dependinge in
and to the aforesayd Court, shall be as efectually tryed
by the Court adjourned to sitt on the first Wednesday of
November aforesayd, as if they had beine tryed begin-
ninge on the second Tuesday of October, aforesayd ;
and all bonds are to stand feirme in refference to such
tryalls.

It is ordered, that the sum of twenty fower pounds, af- a rate of

twenty fower

ter the rate of peage eight per penny, shall be raised inj^X^V-"
the CoUony, viz.: six pound in each towne, to make res- powder^and^
titution for the powder and shott sent from England by * °**'
Mr. John Clarke ; forasmuch as the returne made by Mr.
Williams is conceived to be cast away and lost : And that
the townes shall raize the sayd sum betweene this and the
next court of election, to be held in May next ; and each
towne shall deliver the sayd sum, unto the Treasurer of
each towne, and the Treasurer shall either bringe or send
the sayd money unto the aforesayd court of election.

Mr. Thomas Olney, Mr. Samuel Gorton, Mr. John

Tripp, and Mr. John Crandall, are chosen and authorized

to draw up a letter to be sent to Mr. John Clarke in

England, to be presented to his Highness and Councell,

396 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. which letter shall be signed by the Clarke of this
^'^--'^^^ Assembly.

A copy whereof, is this, viz.:

Worthy sir, and trusty friend, !Mr. Clarke :
Aietter^o ^Yee havc found not only your ability and dilli-

Engfa^ji! gence, but also your love and care to be such concerninge
the welfare and prosperity of this Collony, since you have
beine intrusted with the more publique afaires thereof,
surpassinge ; that noe small benefit, which formerly wee
had of your presence here at home, that we in all straites
and incumberances are imbouldened to repayre to you, for
your further and continewed councell, care and helpe,
findinge that your sollid and Christian demeanure hath
gotten noe small interest in the hartes of our superiours,
those worthy and noble Senators with whome you have
had to doe on our behalfe, as it hath constantly apeared in
your adresses made unto them, which we have by, good
and comfortable proofe found haveinge plentiful! exsperi-
ance thereof.

The last yeare we had laden you with much imploy-
ment which wee were then put upon, by reason of some
two refrictory amonge ourselves, wherein wee apealed unto
you for your advice for the more publique manifestation
of it, with respect to our superiours ; but our intelligance
it seemes fell shorte in that great loss of the ship, which is
conceived here to be cast away. Wee have now a new
occasion given by an old spirit with respect to the Collo-
nys about us, which seeme to be ofended with us, be-
cause of a sort of people called by the name of Quakers,
who are come amongst us, and have raised up divers who
seeme at present to be of their spirit ; whereat the collo-
nies aboute us seeme to be ofended with us, beinge the
sayd people have theire liberty amongst us, as entertayned
into our howses, or into any of our assemblies ; and for
the present wee have found noe just cause to charge them

AND PROVIDENCE PLANTATIONS. 39 i

with the breach of the civill peace, only they are constant- 1658.
ly goelnge forth amongst them about us, and vex and '-^""-^■^^
trouble them in poynt of their religion and sperittuall
state, though they returne with many a fowle scarr in
their bodies for the same ; and the ofences our neighbours
take against us is, because wee take not some cource
against the sayd people, either to expell them from among
us, or take such courses against them, as themselves doe,
who are in feare lest their religion should be corrupted by
them ; concerning which displeasure that they seeme to
take, it was expressed to us in a solemn letter written by
the Commissioners of the United Collonies at theire sit-
tinge, as though they w^ould bringe us in, to act accord-
inge to theire scantlinge, or else take some course to doe
us greatter displeasure ; a copie of which letter wee have
herewith sent unto yow, wherein you may perceive how
they express themselves ; as also wee have herewith sent
our present answer unto them to give yow what light wee
may in this matter.

There is one claues in their letter which playnely im-
plies a threat, though covertly expressed, as their manner
is, which wee gather to be this ; that as themselves (as
we conceive), have beene much awed in poynt of their
continewed subjection to the State of England, lest in case
they should declyne, England might prohibitt all trade
with them, both in poynt of exportation and importation
of any comodities, which were an host suffitiantly preve-
lent to subdue New England as not beinge able to subsist.
Even soe they seeme seacretly to threaten us, by cuttinge
us off from all commerce and trade with them, and thereby
to disable us of any comfortable subsistence, beinge that
the concourse of shippinge, and soe of all kinds of como-
dities is universally conversant amongst themselves ; as
also knowinge that ourselves are not in a capacity to send
ovt shippinge of ourselves, which is in great measure oc-
casioned by their oppressinge of us as yourselfe well
knowes ; as in many other respects, soe in this for one,

398 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. that wee cannot have any thinge from them for the suply
"-^"-^^^^ of our necessities, but in efect thay make the prices, both
of our comoclities, and their own also, because wee have
not English coyne, but only that which passeth amonge
these barbarians, and such comodities as are raised by the
labour of our hands, as corne, cattell, tobbacco, and the
like, to make payment in, which they will have at their
own rate, or else not deale with us. Whereby (though
thay gaine extraordinarily by us), yett for the safeguard
of their own religion may seem to neglect themselves in
that respect ; for what will men doe for their God.

Sir, this is our earnest and present request unto you in
this matter, that as you may perceive in our answer to the
United CoUonies, that wee flie as to oure refuge in all
civill respects to his highness and honorable councell, as
not beinge subject to any others in matters of our civill
State, soe may it please you to have an eie and care open
in case our adversaries should seeke to undermine us in
our priviledges graunted unto us, and to plead our case
in such sorte as wee may not be compelled to exercise
any civill power over men's consciences, soe longe as hu-
mane orders in poynt of civility are not corrupted and
voyalated, which our neighbours about us doe frequently
practice, whereof many of us have large experience, and
doe judge it to be no lesse than a poynt of absolute
cruelty.

Sir, the humble respects and acknowledgments of this
Court and Collony, with our continewed and unwearied
desires and wishes after the comfortable, honorable and
prosperous proceedings of his highness and honorable
councell, in all their soe weighty affaires, departs not out
of our hearts night or day, which wee could humbly wish
(if it might not be two much bouldnes) were presented.

Sir, we have not bine unmindfuU of your great care
and kindness of those of our worthy friends and gentle-
men in that supply of powder and shott ; and beinge a
barrill of furrs was returned in that shippe whereof Mr.

AND PROVIDENCE PLANTATIONS. 399

Grarrat had the command, wherein was betwixt twenty 1658.
and thirty pounds worth of goods shipped, the collony '-*'-^'^*^
hath taken order for the recruitinge of that loss, which
wee cannot possibly gitt in readines to send by this
shippe ; but our intent is, God willinge, to send by the
next opertunity. And so with our hearty love and re-
spects to yourselfe, wee take our leave.
Subscribed,

JOHN SANFORD,
Clarke of the Assembly.
: From a Court of Commissioners
held in Warwicke, this pres-
ent November 5th, 1658.

6. Ordered, that a copie of the charter be drawne concerninge

' ^ the Charter.

forth and entered in the generall records, and care taken
by the recorder in whose keepinge it shall be, that it be
forthcominge to view at every court of commissioners.

7. In case of the absence of the Pressident, as some- ^^°J'p')°^j°
times it falls out at the Generall Court of Tryalls by some a'i'e pi-Mi-'
accident; it is ordered, that the assistant of the towne Gen'i oacer

' ' of the Gen-

where the Court is kept, shall be judge of the Court inoiTryaX'
the sayd absence ; provided, there be one assistant more,
at least, present ; and the town magistrates of the sayd
towne where the Court is, be also present. And in case
the Recorder be absent, then the magistrates may deferr
the Courts sittinge till the Recorder can come, or till the
records can be fetchtd to Court ; and the Court are to
apoynt and ingadge a Clarke in absence of the Recorder,
to suply his place for the time beinge. And if the Gen-
erall Sargent be absent, then alsoe shall the Court deferr
actinge till he can be present, or till the prisoners can be
gotten into court ; and in his abscence the Court may
substitute the Towne Sarjant of the towne where the
court is kept to supply his place in his abscence, any law
to the contrary made notwithstandinge.

8. Whereas, a motion is presented of augmentinge the

400 RECORDS OF THE COLONY OF RHODE ISLAND,

1658. fynes on jurymen chosen and not apeariuge or servinge,
'-•'"^'"^' and of oivinge part of the fines taken to such as are forced

Fines of o o i

Turymen. ^0 scrYO lu theli stead.

It is ordered, that fines bee as they are ah-eady sett ;
and that halfe the fines taken as aforesayd shall be al-
lowed, and payed by the Court's order out of the treasury
to such as serve in the defective parties roome ; and the
Court of Try alls or Bench, to order it from time to time
before they dissolve the Court. And further seeinge that
fees and P^^g^ ^^ fallen to soo low a rate, it is ordered, that from and
court^tobe after the twenty fifth of December next, all fines, rates,
peage!" fccs, damagos and costs of court in actions, shall be ac-
Grandin- countcd and payd lu peage at eight per penny white, or
ha?eVheir 1^ other pay equivalent thereto. And also it is ordered,
!hecoun°° that the grand inquest shall have their dinners when they
charge. scrvc on the countries occasion ; and it shall be payd for
out of the treasury. And this order to bee and stand in
full force, any other or former law to the contrary made
notwithstandinge.
Warwick to 9. Ordered, that the Towne of Warwicke doe consti-

provide an '

ordinary, ^^j-g q^-^q Ordinary or more, to be kept betwixt this and the
first of March next ensuinge ; which ordinary shall make
provision of one or two beds at least for straingers, besides
other provisions as may be convenient ; and in case the
town be defective in the performance hereof, wee deter-
mine that they shall pay tenn pound fine, to be taken by
distraynt by the Generall Sarjant, together with his fees,
which fine shall be delivered into the Generall Treasury.
The way 10. Whcrcas, there seems to be some burden on the

i^-caiiinge pcoplo by calliuge Courts of Commissioners often in one
yeare ; therefore, this present Assembly doe absolutely
establish one court of that nature in a yeare, which is to
be at the Court of Election, or, to take place immediately
before it ; and soe to adjourne for givinge place to the
election, and soe proceed emeadiately after it to transact-
inge if they see occasion. And for the more efectuall
judgcinge of the reason of callinge such a court at any

Courts of

AND PROVIDENCE PLANTATIONS. 401

time besides ; it is ordered, that the Pressident, with the 1658.
major parte of the Generall Councill concerninge, shall '-*^^*-'
judge of the reason and call such a court, with this pro-
viso, that the whole councill be advissed with, or advise
about it, by next meetinge, message or writinge.

11. To prevent innovation in the government and lib- f^°^j^f^\^^
erties of this CoUonie from forraign power ; it is ordered, forr'^'gnJ'"^
that if any person in this coUony, do putt his landes or ^°^^''"^®°'
any partes tliereof that are within this coUonies bowndes
under the government of any other jurisdiction ; or doe
indeavor actually to bringe in any forraigne power to gov-

erne in any parte or partes of this collonies precincks, the
pennalty for either of the aforesayd offences shall bee, that
the offender shall forfeitt all his lands and estate to the
Collony.

12. Whereas, it is conceived a wholesome libei;ty forL^wsuotto
the whole or maior parte of the free inhabitants of this tuiTwenty

days after

collony orderly to consider of the lawes made by the Com-t^edissoiu-

•^ •' ^ •' ^ _ lion of each

missioners' Courts ; and upon findinge discommodity in ^°'""*-
any law made by the sayd court, then orderly to shew
their dislike, and soe to invalid such a law.

It is therefore ordered, and declared by this present
Assembly, that from henceforth the Generall Kecorder
upon [such] pennalty as shall be judged meete by a court
of commissioners, shall send in to each towne a coppie of
the lawes that are made at such courts, soe as they may
be delivered to the Town Clarke of each towne within ten
dales after the dissolution of each court from time to
time ; and then the townes to have tenn dales time longer
to meete and publish the sayd lawes, and to consider of
them. And in case the free inhabitants of each towne, or
the major parte of them doe in a lawfull assembly vote
down any law, and seale up the voates, and send them to
the Generall Recorder within the sayd tenn dales ; and
that by the voates it doth appeare that the major parte of
the people in each towne have so dissalowed it, then such
a law to bee in noe force ; and otherwise if that bee not

402 RECORPS OF THE COLONY OF RHODE ISLAND,

1658. soe done within the twenty daies after the dissolution of
'-^'-^''*^ each court, then all and every law to be in force ; And
however all to be in force that are not soe disannulled,
and the townes shall pay the charge of sendinge the fore-
sayd coppies. Further, the Recorder is to open the sayd
voates before the Pressident, or in his absence, before the
Assistant of the towne where the Recorder lives, and then
the President or such Assistant to give notice to the rest
of the majestrates.
S°QuTs- 13. Quissuckquansh, the chiefe Sachem of Narragan-
andSn sett, ingadgeth in presence of the Court to pay or cause to
be payed, seven pound, tenn shillings — peage six a pen-
ny, unto Robert Griffin, before the Court of Tryalls in
March next, or else he will personally present himselfe at
the sayd Court to make satisfaction ; and in case he doe
not then, the Court declare that there shall be meanes
ussed to fetch in and cause the sayd Sachem to make
satisfaction.
JfTr*l*iil'\o ^^' ^^ ^^ ordered, and by the authority of this Assem-
oni'yelie. ^^Y dcclarcd, that from henceforth there be noe Generall
Court of Tryalls held for the Collony in the month of
June ; butt only the two Courts of Tryalls a yeare as
they are apoynted to be held ; one in March and the other
in October, are still to be in use and beinge.
Concerning 15, Whercas, there seems to be an arbitrary power in
officers that are to judge of defects in trayneinge, to fine per-
sons halfe a crowne, five shillings, or nothinge as they please :
Therefore, to prevent inconveniency therein, it is ordered,
that the fine for non-trayneing accordinge to order of the
Collony shall bee two shillings a day from each defective
person, to be without partiality taken by distraynt by the
Town serjant of each Towne, and the serjant to pay all
pay all fines fines hee neerlects to take ; and to take to him sufiicient

if ho neg- '--'

kcuhtm!'" ^y^^ ^*^ execute the warrants in that case, and to returne
the fines to the towne treasury ; and he and they to be al-
lowed and payed for their service therein at the discretion of
those that give the warrants ; and to be payed by them

AND PROVIDENCE PLANTATIONS.

403

that deny to pay upon demand, over and besides their 1658.
fines, provided, their wages exceed not after the rate of ^-'^^^"^^
three shillings a daie, for a day spent therein ; and noe
excuse to be taken as sufficient for non-trayneing as law-
full, but age, nonage, sicknes, lamenes, or publique bar-
rins:e of office at that time in the Commonwealth. And
whereas, it was formerly ordered, [that] armes [should]
bee muskett and match. Now it is declared, that both it
and fyrelockes and snaphaunces with powder homes bee
alowed ; and if any bee complayned of for defective
armes, the Town Counsill in each towne have power to
judge off, and order the armes to bee such as they may
finde will fully answer the meaninge of the lawe concern-
inge suffitiant armes ; and this to be in force, any claues
in any former law notwithstandinge.

16. It is ordered, that the Generall Treasurer and concerning

' the State3

Generall Attorney have the same power to call Mr. Wil- I'^y^^^J^
liam Dyre to accompt for the States' part in his hands as
they had about Mr. Nicholas Easton's ; and to act therein
as they were authorized to act in that case, referinge to
Mr. Easton aforesaid.

17. Whereas, there hath beine severall purchases ofconceming
land made from the Indians by men within the precincts g^*tch!''^
of this Collony, which, for want of a law thereaboute in ^ ^"^ '
the collony, cannot be now made voyde or hindered, as
namely, the purchase of Quononagutt Island, and the
island called Dutch Island, which hath beine made by
"William Coddington and Benedict Arnold, and many
others joyned by covinants with them thereabouts cannot

now bee made voyde, but must bee and are alowed and
confirmed as lawfuU as purchased from the Indians if it
were not bought before ; as also any other purchases
made by others as aforesayd formerly. Yett to prevent
the licke purchassings hereafter from the Indians : it is

Lands not

ordered, by the authority of this present Assembly, thatto^'^^p^Y^j^
noe person, strainger or other, shall make any further o?lco'rf
purchases of lands or Islands from the Indians within the sioneSTrom

the Indians.

404 RECORDS OF THE COLONY OF RHODE ISLAND,

1668. precincts of this Collony, butt such only as are soe alowed
'-"^'^^'^'^ to cloe, and ordered therein by an express order of a court
of commissioners, upon penalty of forfeitinge all such pur-
chassed lands or Islands to the Collony, and to pay be-
sides, a fine of twenty pound to the collony in case of
trangressinge this order.

It is ordered, that the Clarke of this Assembly shall
have twenty shillings from each towne for copies of this
Court orders.

Anthony
Parrant's
case.

At a meetinge of the Gencrall Councell held at Warivicke,
the Uth of October, 1G58.

There being present,
Mr. Benedict Arnold, President.
INIr. William Feild, Assistant.
]Mr. William Baulston, Assistant.
Mr. Joseph Clarke, Assistant.
Mr. Kandall Houlden, Assistant.
Mr. Richard Waterman,
Mr. John Sayles,
Mr. Ezekiell Holyman,
Mr. John Greene, Jun'r,
John Sauford, chosen clarke to the counsell.

Wardens for Providence.
Wardens for Warwicke.

It is ordered by the counsell, that Mr. John Greene, of
Warwicke, jun'r, Generall Atturnie, shall search the
laws, and present the offence for which Anthony Parrant
stands bownd to answer at the Generall Court, and the
Generall Atturnie is to present the same under such a
title as shall bee by him found suteable thereto.

It is by Yoate ordered, that the Generall Counsell be
dissolved for this time.

AND PROVIDENCE PLANTATIONS.

Alt a 7neetinge of the Gemrall Counsell at Providence, the
Wi of March, 1G68-9.

The names of the counsell present.
Mr. Benedict Arnold, President.
Mr. William Feild, Gen'l Assistant.
Mr. Randall Houlden, Gen'l Assistant.
Mr. Richard Waterman.
Mr. John Sayles.
Mr. Edward Smyth.
Mr. Ezekiell Holyman.
John Greene.

The major part of the counsell beinge mett, haveinge
ordered, that John Greene, beinge one of the counsell, is
chosen clarke of the Counsell dureinge sessions.

The reason of the callinge of the counsell beinge de-
monstrated by the President to be by reason of one Pum-
ham havinge made an insurrection in this collony, by a
royat and rescueinge of a fellon in the limitts of War-
wicke towne, and the case beinge difficult, the President
doth desire the advice of the counsell concerninge thePomham'

^ business.

premises ; as also another matter concerninge a robery
committed by severall Indians at Pawtuxett upon William
Arnold, beinge acted since the warrant was sent forth by
the President for the callinge of the Counsell. Whereup-
on the counsell have taken the premised acts into a seari-
ous debate what to doe in the matter.

The result of the counsell is, that they advise the Presi-
dent and Generall Assistants now present, or any of them,
to graunt forth a warrant or warrants to the Sheriffe to
aprehend Pomham and any of the Indians that have been
guiltie in the royatt and rescue abovesayd ; and to take
sufficient ayde for the accomplishment of the matter, tha^

406 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. they may be brought to a fayre try all ; only the Sheriife
'""^""""^ is to observe the late law made at Warwicke concerninge
Pomham or any other Indians ; and that the charge of
the matter at present be borne by the towne of War-
wicke, beinge they have beine at some charges already
about the matter, and soe to bring in the whole charge af-
terward to the Collony ; and that Mr. Randall Houlden,
Mr. Ezekiell Holyman, and Mr. John Greene, because of
the privecy of the matter doe disburse the pay unto the
Sherifife for his aprehendinge and carryinge to prison.
The reason of the privecy of the matter is because the
Indians will be made acquainted with the matter otherwise,
and soe escape. Further concerninge the matter of rob-
bery aforesayd committed at Pawtuxett, the counsell ad-
vise that the President and Assistants, or either of them,
forthwith graunt forth warrants to the shereife to appre-
hend all or any of the offenders, and take with him a
suffitiant ayde, if it may bee to bringe them into this
Court or otherwayes ; and that the President for the
present pay the Shereifife and his ayde, and afterwards re-
quire it of the collony, beinge a matter apertaine to the
collony.

Ordered, and agreed on by the counsellors unanimous
consent.

JOHN GREENE,

Clarke.

The Counsell beinge met the llth of March ^ 1658-9.

With a unanimous consent doe agree that the procla-
mation concerning his Highnes Richard, Lord Protector,
late successor unto his Highnes his father, be copied out,
and a coppy thereof sent to each towne, that accordingly a
day may be apoynted for the solemnization thereof ; and
therefore, and in order thereto, the counsell desire and
order the sayd coppies to be sent to the head warden and
captaynes of each towne, withaU desireinge that on Tues-

AND PROVIDENCE PLANTATIONS. 407

day next, at high-noone, all well efectecl people in each 1659.
towne assemble together, and the millitary officers give ^-^^v"^'
notice to the trayne-band in each towne then to be
drawne up in their millitary posture, and the clarke of
each band to reade the proclamation at the head of the
company with this addition, that wee doe joyfully accept
of his sayd Highnes succeedinge in that dignity and
power of Protectorship ; and as loyall subjects doe resolve
to owne his government, and yield all faythfull obedience
thereto. And this to be done in the most publique place
of each towne where usually the trayne-bands doe ex-
ercise.

Agreed on by the counsell, that the Recorder shall
have five shillings for puttinge a coppy upon the general
records ; as alsoe the clarke of the Assembly shall have
fifteene shillings for the coppies furnished each towne.

By the counsell,

JOHN GREENE,

Clarke,

Entered into the General Records by me,

JOHN SANFORD,
Generall Recorder.

Att the Generall Court of Election held at Providence, the
second Tuesday after the 16th of May, beinge the Vlth
of May, 1659.

Mr. Benedict Arnold, chosen President. Mr. William
Peild, next; Mr. Tho: Olney, Sen'r, next

Mr. William Feild, Assistant for Providence. Mr*
Roger Williams, next ; Mr. Tho: Olney, Sen'r, next.

408 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. Mr. William Baulston, Assistant for Portsmouth. Mr.
^-*^-^*-' John Porter, next ; Mr. John Eoome, next.

Mr. Joseph Clarke, Assistant for Newport. Mr. Ed-
ward Smyth, next ; Mr. Will: Jeffereys and Mr. Tew,
squall next.

Mr. Randall Iloulden, Assistant for Warwicke. Mr.
John Greene, next ; Mr. John Smyth and Mr. Weekes,
equall next.

John Sanford, Generall Recorder. John Greene, of
Warwick, next ; William Lytherland, next.

James Rogers, Generall Sargent. Richard Knight,
next ; Richard Bulgar, next.

John Sanford, Generall Treasurer. Mr. Joseph Tor-
rey, and Mr. John Easton, equall next.

Mr. John Greene, Generall Atturney. Captain John
Cranston and John Easton, equall next.

James Rogers, Gen'l Solicitor ; Joseph Torrey, next.

John Sanford, Gen'l Recorder, Ingadged.

Mr. Benedict Arnold, President, Ingadged.

Mr. William Feild, General Assistant, Ingadged.

Mr. Joseph Clarke, General Assistant, Ingadged.

Mr. Randall Houlden, General Assistant, Ingadged.

John Sanford, Generall Treasurer, Ingadged.

Mr. John Greene, Generall Aturney, Ingadged.

The Generall Court of Commissioners held att Providence,
the nth May, 1659.

COMMISSIONERS FOR COMmSSIONERS FOR

PROVIDENCE. PORTSMOUTH.

Mr. William Feild, Mr. Benedict Arnold,

Mr. Thomas Olney, Mr. William Baulston,

Mr. John Sayles, Mr. Roger Williams,

Mr. Arthur Fanner, Mr. Joseph Clarke,

Mr. Thomas Hopkins, Mr. Samuel Wilbore,

Mr. James Ashton. Mr. John Sanforrl.

AND PEOVIDENCE PLANTATIONS. 409

COMMISSIONERS FOR COMMISSIONERS FOR 1659.

NEWPORT. WARWICK. v..,*— v-**^

Mr. John Easton, Mr. Randall Houlden,

Mr. Caleb Carr, Mr. John Smyth,

Mr. John Crandall, Mr. Samuel Gorton,

Mr. Joseph Tony, Mr. John Greene,

Mr. Edward Smyth, Mr. Richard Carder,

Mr. Wilham Wee den. Mr. Richard Townsend.

Mr. Benedict Arnold, chosen Moderator.
John Sanford, chosen Clarke of the Assembly.

It is ordered, that Mr. Roger Williams shall bringe
the Charter into the present court to be openly read in
the Court.

It is ordered, that there shall be a treaty with Ply-
mouth againe, concerninge Hog Island, and the bounds of
our charter and theirs, in the division betweene us, if they
of Plymouth shall approve thereof.

It is ordered, that Mr. Benedict Arnold, Mr. William commis-
Baulston, Mr. Roo^er Williams and Mr. Randall Houlden, treat with

'CD ^ ^ ' Plymouth

formerly chosen to treate with the commissioners of Ply- comm'rs.
mouth, concerninge Hog Island and the devision line be-
tweene us, are againe chosen to treate with Plymouth
Commissioners accordinge to theire former commission
and instructions. And in case any of the aforesayde
commissioners shall, by death or sickness be hindered,
then Mr. William Eeild, Mr. John Porter, Mr. Joseph
Torrey, and Mr. Samuel Gorton, are chosen a reserve to
supply all or any of their roomes. And [it is] further or-
dered, that the commission before graunted by the Gener-
all Courte of Warwicke unto the above named commis-
sioners is revived, ratifyed and confirmed for those, or any
fewer of those beforenamed to act by in the premises :
And therefore it is also ordered, that in case the commis-
sioners or reserve in any towne fayle soe as none out of
the towne attend the treaty, yett then their number shaU

410 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. be nicade up and the service atended by the reserve above
^■^^^'^^-"sayde, nominated of the other townes. And further, it is
ordered, that the private instructions that were by the
aforesayd court given, shall be atended to by each of the
aforenamed, as shall atend the service ; only one or two
particulars added, that, whereas before they were tyed to
meete at Secuncke or Providence ; now liberty is given
to meete with Plymouth commissioners on convenient
time and warneinge by them given, either att New Ply-
mouth, Taunton, Rehoboth, Providence or Portsmouth,
within one of the two collonys that are in treaty by the
sayd commissioners. As also that notice hereof, be
drawne in writtinge and by the first safe conveyance sent
to the Governor and government from this Court, under
the hand of the Clarke of the Assembly. And for the
certainty of haveinge fewer of the above-named to atend
the service premised, it is ordered and required, that in
case the commissioners of any one towne fayle, the Towne
Clarke of the sayd towne shall give notice to the Towne
Clarke of the next towne or townes, to give warninge un-
to the reserve or reserves provided there, that they atend
the service. And further the court order, that what ne-
cessary expence hath beine, or shall be spent in the service
shall be payd out of the Generall Treasury.

A Coppie of a Letter to the Governor and Court of
Plymouth.

Much Honoured.
Letter lo After our hearty respects premised and presented un-

to you, wee pray you to understand that, whereas by a
providence that stopped one of the Commissioners that
this colony chose to meet the gentlemen at Secuncke,
chosen by your Courte to treate of, and decide the differ-
ence about Hog Island, the gentlemen could not proceed
to a desired ishue. And this Court haveinge taken notice
thereof, doe yett propose the same friendly way of treaty

AND PROVIDENCE PLANTATIONS. 411

may be atended ; and to that end have commissionated 1659.
the former fower that were chosen ; as also have chosen ^-*^^*-'
fewer more as a reserve for the more certaine attendance
of the treaty, to make up or siiply the roome of any of the
first fower, that may by any occasion fayle in the same.
And seeinge it hath pleased the most High to putt a stop
to the business, soe as at Rehoboth, it was not finished ;
the Court conceive it requisitt to gratify your honored col-
lony and government, that yow please to make choyce of
either Plymouth, Tanton, Rehoboth, Providence or Ports-
mouth, which may best serve your conveniences to meet
at ; where, upon timely notice from you, and in seasona-
ble time of the yeare for travill when yow please to
apoynt, our commissioners shall meet yours. And thus
further wee pray you to conceive that our commissioners,
some of them cannot goe freely and safely into the Mas-
sachusetts jurisdiction, and therefore have proposed to
the townes that are in your owne and our jurisdiction as
abovenamed for the meetinge ; And thus not further to
trouble yow, we rest.

Desirous to be your loveinge neighbours.

JOHN SANFORD,
Clarke of the Assembly.
By the Generall Assembly of the
Collony of Providence Plan-
tations, now mett at Provi-
dence, dated May 18th, 1659.
To the much Honored, the Governor and Generall Court
of Plymouth, in New England, These :

"Whereas, Mr. Blaxton informeth that Mr. John Roome
of Secuncke, hath an intent to possess a parcell of land
neere unto the sayd Blaxton's, conceived to be within the
bownds of our charter. The Court do order that Mr.
Blaxton doe give notice to Mr. Browne to forbare takeing
possession or makeing use of the sayd land untill the lyne
and bownds betweene Plymouth and Providence collonys
27

412 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. be agreed upon and sett ; to which purpose the court
'^-^"""'''*^ have chosen Commissioners to treat thereof with Ply-
mouth Commissioners. And further, the Court doe or-
der, that the Clark of this Assembly doe give jNlr. Blax-
ton a copie of this order to present to the aforesayd Mr.
John Roome, of Secuncke, alias Rehoboth.*

It is ordered, that Mr. Randall Iloulden, if he be
chosen the nextyeare to Generall Office, shall not then be
compelled to serve against his will, butt freed without
payinge fine, which is graunted upon his request, havinge
fownd a burden in servinge for severall years together.
Against the Wlicreas, it proves exceedinge damage to the Collony,
Itelihile. the great insolencys of the Indians in robbinge, steale-
inge and pilferinge away the goods of the inhabitants of
the same, and havinge beene convicted of such practices,
they are not fownd able to make lawfull restitution and
pay all damages ariseinge thereon. It is therefore by the
authority of this present Assembly enacted and establish-
ed, that if any Indian or Indians have, or shall at any
time feloniously take away the goods, monies, cattell, or
other things that amount to the vallew of twenty shillings
or more, accordinge to white peage, six a penny ; or, if
any of the Indians or any Indian shall spoyle or damnify
the cattell, fence or fruite trees, corne house or other

^ As this Mr. Blaxton has become a historical personage, the followiug
mention of him by Gov. Hutchinson, possesses an interest.

" At a point upon Shawmut, or Trimontaine, since Boston, lived Mr. Blax-
ton, who had left England, being dissatisfied there and not a thorough con-
formist ; but he was more dissatisfied with the non-conformity of the new
comers. He told them he came from England because he did not like the
Lords Bishops, but he could not join with them because he did not like the
Lords Brethren. He claimed the whole peninsular upon which Boston is
built, because he was the first that slept upon it. He had the grant of a very
handsome lot there at the west part of the town, but he chose to quit all and
removed to the southward, at or near what is since called Providence, where
he lived to an old age." Hist. Massachusetts Bay, vol. i. p. 22,

" One Master Blakestone, a minister, went from Boston, having lived there
nine or ten years, because he would not join with the church. He lives near
Master W^illiams, but is far from his opinion." Lechford.

AND PROVIDENCE PLANTATIONS- 413

goods of any of the English, or others inhabitantinge, se- 1659.
journhige or beinge within this jurisdiction, the damage -^"v-^-'
whereof amountinge to the vallew aforesayd ; and being
done wittingly, willingly or insolently, the sayd offender
beinge an Indian or Indians, shall be aprehended by any
majestrates warrant and comitted to prisson untill the
next court of tryalls for the collony ; and then to be
brought to tryall accordinge to law. And beinge convict-
ed of any offence aforesayd, the sayd Indian or Indians
beinge not able presently to procure and pay and dis-
charge all the damages, costs and restitutions by law due,
to be done and made ; it shall be lawfull for the judges of
the court where such tryall is, to condemn such offender
or offenders to be sould as a slave to any forraigne country
of the English subjects. And out of the price that he is
sould for, the party wronged shall be satisfyed for all
damages and charges by law allowed in that or such cases,
if the sayd price Vv^ill reach it, or soe far as it will reach.
And if any thinge remaine, it shall goe to the generall
treasury, in consideration of the charge and trouble of the
collony. Butt if any of the offences of the aforesayd na^
ture be layed by the complaynant under the sum above-
sayed, it shall then bee in the power of two or three
majestrates (of any towne where the offender is aprehend-
ed and before them brought) to putt a present end to the
matter by makinge him to restore two fould and pay
charges ; and in case of insolency used in the fact, then
to cause the sayd Indian to be whipt accordinge to
their discretion ; provided, they may not exceed fifteen
stripes.

It is ordered, that noe person in this collony after the ^^^^ ^^
29th of September next ensuinge, presume to sell or give to'inlilan^
wine or stronge liquors directly or indirectly to any In-
dian whatsoever, upon the penalty of forty shillings for
the first offence, and upon the penalty of five pownds for
every offence succeedinge ; and that the informer shall
have halfe the fine for his paynes ; also the informers

414 RECORDS OF THE COLONY OF RHODE ISLAND,

3659. testimony upon his knowledge with one witness more,
'-'"^^-*-' shall be effectiiall for the magistrate after the examination
of the party accused, to graunt forth warrant for the con-
stable or serjant to distrayne ; only provided, any man
that keeps an Indian servant for refreshment, may give
him a dram, if he can make it apeare he is his hyred ser-
vant. It is also ordered, that it shall be lawfull for any
person in case they spie an Indian convayinge or havinge
of liquors, to seize of it for their owne proper use. It is
further declared, that Indian witness may not pass in the
premises.

It is ordered, that a letter be drawne forth by two or
three, deputed by this Court, to be sent to Mr. John
Clarke, our agent, to be presented to his highness for
confirmation of our charter.

A copie of which is, viz.:

Letter to
Richard

May it please your highness. It was unexpressible
Cromwell, sorrow to us to receive the tydeings of your and the three
nations, and oure owne and soe a loss in the late depart-
ure of your and the nation's most renowned lord and
father.

And it was and is as great a joy unto us that it hath
pleased God to provide for the three nations and ourselves
such a cordiall as your highness is, both in respect of your
renowned stocke, and also of that high worth and hope of
which we have heard your highness selfe to bee ; in whom
our humble desires are, that the three nations and our-
selves may finde a hearinge of our soe great a wound and
stroake.

May it please your highness to know that this poore
collony of Providence Plantations mostly consists of a birth
and breedinge of the providence of the most high ; wee
beinge an outcast people, formerly from our mother na-
tions in the Bishop's dales, and since from the rest of the
new English over zealous coUonys, our whole frame be- -
Inge much licke unto the present frame and constitution of

AND PROVIDENCE PLANTATIONS. 415

our deareist mother England ; beareinge with the sever- 1659.
all judgments and consciences, each of other in all the ^-"-v-^-'
townes of our collonie, the which our neighbour collonys
doe not ; which is the only cause of their great offence
against us. Notwithstandinge this our outcast state, may
it please your highness to be informed, that God was
pleased to turne the heart of the late first great parlia-
ment towards us in vouchsafeinge us a Charter of Incor-
poration and government, soe that it pleased the then
Lord xidmirall (the Earll of Warwicke) and the Honora-
ble commissioners, in the name, and by the authority of
parliament, by many of their gracious letters and orders,
to confirme and strengthen us. Wee have found (not-
withstandinge our sister coUony's anger against us) high
favour with the most honorable Counsell of State, estab-
lished by authority of parliament, from whose noble
hands, wee also received letters of gracious confirmation
and refreshinge. And lastly (which is unspeakeable
mourneinge and joye unto us), your highness' dearrest
father was pleased, under his owne hand and seale to re-
fresh us also as with the dew upon the grass, and as with
a clowde of the latter raine unto us.

Illustrious sire. For your highness' person, our deep-
est wishes and humble desires unto God, the father of
lights, are for a double portion of your blessed father's
spirit to be powred downe into your highness' noble brest ;
and instead of an earthly crowne (which his heavenly
minde refused), wee most earnestly wish your highness
and the Lords of your most honorable counsell to be
crowned with the crowne of wisdom and fortitude, pros-
perity and success, obedience and love of the nations.
And however of humble patience and submission of the
nations, in all your try alls and changes, unto the most
wise God, his most holy will and pleasure, for ourselves
(Gracious Sire), wee dare not interrupt your high affayres
with the particulars of our wilderness conditions ; only
wee beg your eye of favour to be cast upon our faythfuU

416 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. agent, Mr. John Clarke, and unto what humble addresses
-^-^^•^^^^ he shall at any time present your highnes with in our be-
halfe. And this wee humbly pray at present, that as
your highnes' illustrious father, when he was necessitated
by his greate hinderances to suspend the determination of
our matters ; yet he was graciously pleased presently to
refresh us with some gracious lynes of confirmation and
incouradgment to our poore plantations and government (a
copy of which, our agent, Mr. Clarke, can pressent your
Highness with), soe it is our humble suite that wee may
rejoyce in some such pressent gracious refreshment from
the hand of your Highness also : Unto whom, Sire, we
humbly hope to approve ourselves.*

Your Highness' most humble and faythfall
subjects and servants.

The Collony of Providence Planta-
tions in the Narragansett Bay in
New England.
To the Serene and Hlustrious his Highness the most
renowned Richard, Lord Protector of the Common-
wealth of England, Scotland and Ireland, and the
dominions thereunto belonging, These in most hum-
ble wise presented.

It is ordered, that the President and the fewer Assist-
ants, and the Generall Recorder shall subscribe the letter
to be sent to his Highness, the Lord Protector.
Rate for the It is Ordered, that a rate of fifty pownds be gathered
Mr. Clarke', up in the fewer townes to send to Mr. Clarke to pay for
the powder and shott, and to keepe the remainder for
himselfe. The manner of it to be thus. Providence to
pay nine pounds. Portsmouth to pay fowerteene pounds.
Newport to pay eighteene pownds. Warwicke to pay

* This address was never presented, as the power of Richard Cromwell bad
departed before it reached England.

AND PROVIDENCE PLANTATIONS. - 417

nine powncls ; and these rates to be gathered up betwixt 1659.
this and the twenty ninth of September next, ensuinge. ^— ^'^*-'

It is ordered, that the aforesayd fifty pownds shall, ac-
cordinge to the aforesayd order, by each towne be deliv-
ered to Mr. William Baulston, Mr. Edward Smyth, and
Mr. Joseph Torrey, who are authorized to make returne
thereof to England by way of Barbadoes, or otherwise.

It is ordered, that from henceforth the General Seriant sa^gent not

to be an

may not be admitted to be an Aturney in any persons ^t^mey.
case except his owne ; and in case he pleads his
owne case the Court are to apoynt a Serjant in his roome
duringe such action or actions, who shall receive the fees
due to the Generall Serjant in those actions.

It is ordered, that fower men be apoynted to marke out Men chosen^
the westward bownds of our coUony as our charter f^ae^Aws"
bowndeth it, one out of each towne. And if they finde °'*'°^'
that any have intruded within our limitts, they are to in-
forme our President of it, who, upon such information,
may writte to all such intruders to forbare, or else they
must expect to be responsible as the lawes of oure collony
determine concerneinge them. The men chosen, are Mr.
Arthur Fenner, Capt. Thomas Cooke, Mr. John Crandall,
and Lieut. Robert Westcott ; and that a copie of this or-
der, together with soe much of the Charter only as men-
tions that bownds under the Generall Eecorder's hand,
shall be their suffitiant commission in the premises ; and
that they shall accomplish it betwixt this and the first of
October next, and make returne thereof to the collony ;
and their time and necessary exspences to be borne by
the Generall Treasury.

It is ordered, that the President is authorized to signify Mr. win-
to Mr. John Winthrop our intentions to run our westward ^lotified.
lyne.

It is ordered, that there beinge due to Richard Knight Richard
the vallew of thirty pownds starling, accordinge to peagedue.
six per penny, for service done for the collony in his of-
fice of Generall Serjant, since the 10th of October, 1656,

418 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. untill the pressent Court. The Court doe order, that the
^-*^--**-' sayd Richard Knight have, or shall be payd the sayd sum
due from the collony out of the generall treasury : Also,
it is ordered, that Richard Knight shall have eight shil-
lings out of the generall treasury for callinge and atend-

inge this Court.

Excise of
wine and
liquors.

It is ordered, that the excise of wine and liquors is
proper to the towne in which the owner of it is an inhab-
itant of the collony, wheresoever it be formerly landed ;
and he there only is to pay what the law provideth for
those that are to take cognizance of it ; and this to be of
force, all lawes to the contrary made notwithstandinge.
Providence Whorcas, WO havo a laAV in our collony, dated Novem-
Se^iand^'ber the 2d, 1658, that noe person within the precincts of
Indians, this collouy shall buy or purchass any land of the Indians
without licence of this Generall Court ; and whereas,
there is a place for a plantation in the bownds of this Col-
lony, aboute a place so called Nyantecutt : It is ordered,
that the Court apoynt one man in each Towne of this Col-
lony to purchass the foresayd land of Ninecraft, who are,
viz.: Mr. Ben: Arnold, Mr. Arthur Fenner, Mr. William
Baulston, and Capt. Randall Iloulden, and that it be dis-
possed to such as have need of each towne of this collo-
ny ; they payinge suffitiantly for it to such as are
apoynted to purchass it, or otherwise to be ordered, as
each towne apoynt.
Providence ^^ ^^ ordcrcd, that Providence shall have liberty to buy
^niarg°e out aud clcaro off Indians within the bowndes of Provi-
shfps. ""^""dence, as expressed in their towne evidence, and to pur-
chass a little more in case they wish to add, seeinge they
are straytened, not exceedinge three thousand acres joyn-
inge to their township.
GoS Ordered, that it be recorded that Thomas Grould, in

answer to his bill, be released of the forfeiture of his
bond, he havinge pleaded ignorance in the matter and
not presumption ; as also haveinge ingadged in the pres-
sents of this Court, in a sum of twenty pownds to apeare

case,

AND PROVIDENCE PLANTATIONS.

419

at the next court of tryalls to be holden at Portsmouth, to
answer to what was charged against him accordinge as
the complayntes specify.

It is ordered, that the Generall Recorder shall give the
Generall Sarjant and Generall Sollicitor their ingadg-
ments.

It is ordered, that Mr. William Baulston and
seph Torrey are chossen and authorized to auditt the Gen-
erall Treasurer's accompts ; as also the Generall Re-
corder's accorapts for what is due to him from the coUony,
and make returne thereof unto the next Court of Commis-
sioners.

It is ordered, that the Generall Recorder shall have
tenn shillings from each towne for coppies of this Court
orders.

1659.

The Generall Court of Commissioners held at Portsmouth
for the Collony, the 23^ of August, 1659.

COMMISSIONERS FOR
PROVIDENCE.

Mr. William Feild,
Mr. Roger Williams,
Mr. William Carpenter,
Mr. Zachary Rhodes,
Mr. John Smyth,
Mr. John Sayles.

COMMISSIONERS FOR
NEWPORT.

Mr. Benedict Arnold,
Capt. Randall Houlden,
Mr. Edward Smyth,
Mr. Joseph Clarke,
Mr. John Easton,
Mr. Joseph Torry.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. William Baulston,
Mr. John Briggs,
Mr. John Roome,
Mr. John Porter,
Mr. James Badcock,
John Sanford.

COMMISSIONERS FOR
WARWICK.

Mr. Samuell Gorton,
Mr. Ezekiell Holyman,
Mr. John Greene,
Mr. Mathias Harrie,
Mr. James Sweete,
Mr. Robert Westcot.

RECORDS OF THE COLONY OF RHODE ISLAND,

Mr. Benedict Arnold, chosen Moderator.
John Sanford, chosen Clarke of the Assembly.

Case of Rob- L Upon an accusation by the General! Aturney
^""""^ against Robert Westcott, that he hath indeavored by pro-
fession, and likewise by progression to action, to submitt
parte of the jurisdiction to another CoUony, namely, to
Plymouth ; It is ordered, that the President doe take up-
on ingadgment the testimony of such as can testify against
Robert Westcott, concerninge the aforesayd charge by the
Generall Aturney against him.

we'^stcott 2. It is ordered, upon the aforesayd charge by the

suspended. Q-gj^erall Aturney against Robert Westcott, that he is by
the Court suspended from actinge as a Commissioner at
this Court.

fo^rRoberf 3. It Is ordcrcd, that one of the fower (namely, Mr.

westcott. j^^^^^ Weekes, Mr. John Gould, Mr. Walter Todd, and
Mr. Richard Carder,) shall be chosen by this Assembly by
voates, to serve as a commissioner in the roome of Robert
Westcott, this present Court.

Mr. John Weekes is chosen to serve as a commissioner
this present court, in the roome of Robert Westcott.

Letter 4. It is ordcred, that the letter from Mr. John

Irom John '

Clarke. Clarkc, in England, shall be opened by the Clarke of this
Assembly, and read in the Assembly.

5. It is ordered, that the letter from Plymouth shall
be read in the Assembly.

It is ordered, that a committee of fower, one of each
towne, shall draw up an answer to the letter received from
Plymouth, who are Mr. Roger Williams, and Mr. Wil-
liam Baulston, Mr. Benedict Arnold and Mr. Samuel
Gorton ; which letter shall be subscribed by the Clarke of
this Assembly.

Court to be 6. Voatcd, that the court shall be private as a coun-
sell in the debate of the matter concerninge severall pur-
chasses of lands made in the Collony contrary to law, by
severall of the Massachusetts, or others.

Committee
to write let
ter to Plym
outh.

private.

AND PROVIDENCE PLANTATIONS. 421

7. It is ordered, that a committee of eight, two of 1659.
each towne, shall draw up three letters, one to the com- ^— -^v-^*^

' ^ ^ Letters to be

missioners of the United Collonys, one to the Generalbj^^-j^t^^^to
Court of Massachusetts, and Majorr Athcrton and others ''''°"'-
joined with him, concerninge severall purchasses of lands
made in our coUony contrary to law by severall of the
Massachusetts and others. The committee are, for Provi-
dence, Mr. Roger Williams and William Feild ; for °°'°'' ^''"
Portsmouth, Mr. William Baulston and John Sandford ;
for Newport, Mr. Benedict Arnold and Mr. William
Brenton ; for Warwicke, Mr. Samuell Gorton and Mr.
John Greene; wdiich letter shall be subscribed by the
Clarke of the Assembly.

8. It is ordered, that the President, Mr. William Letter to

' ' John Clarke.

Brenton, Mr. William Baulston, Mr. Joseph Clarke, Mr.
John Easton, and Mr, Joseph Torry are chossen a com-
mittee and authorized to draw up a letter to Mr. John
Clarke, to signify our thankfulness to him.

9. It is ordered, that the committee chosen, viz.: the committee

to open let-

President, Mr. William Brenton, Mr. William Baulston, l^nV^''
Mr. Joseph Clarke, Mr. John Easton, and Mr. Joseph
Torry, or any fower of them, shall open any letters which
shall be sent to the CoUony about the United Collonys,
Massachusetts or Plymouth contraversies with us, and if
they finde it necessary, they or any fower of them, shall,
in the name and by the authority of this Court, send a
commission with instructions to Mr. John Clarke, in Eng-
land, to prossicute our cause or causes before the high
Court of Parliament, and the Right Honourable Counsell
of State on our behalfe, as shall also send him a copie of
this or any other orders that concerne the premises, taken
out of the records, under the Generall Recorders hand.

10. It is ordered, that if the sayd committee afore-
named, finde, by any such letters, such strayts that a court
of commissioners ought to be called to advise and to give
further order therein ; that then it shall be in the power of
them or any fower of them, to call such a court.

422

RECORDS OF THE COLONY OF RHODE ISLAND,

Clarke.

1659. 11. It is ordered, by authority of this pressent As-
sembly, that the Generall Recorder of this Collony and
his successour or successours in that office, shall, from
time to time attend all courts of commissioners in this
Collony, with the records of the lawes and orders in this
Collony established : as alsoe that the sayd Generall Re-
corder is hereby commissionated from time to time to sitt
in the sayd courts of commissioners, and shall be Clarke
of the Assembly, and shall from time to time call over the
names of the commissioners beinge by the towne given to
him ; and shall also write and record all the acts and or-
ders of the sayd courts ; and be satisfyed therefor as the
courts shall, from time to time conceave reasonable, and
order thereupon.

fofMr?Sfhn 12. It is ordered, that another rate of fifty pownds
shall be made and gathered in the townes of this Collony,
to be sent with the former rate of fifty pownds to Mr.
John Clarke, in England ; and each towne shall pay
thus. The towne of Providence shall pay eleven pownds ;
the towne of Portsmouth shall pay tenn pownds ; the
towne of Newport shall pay twenty pownds ; and the
Towne of Warwicke shall pay nine pownds ; which sayd
summs shall be gathered up betwixt this and the twenty
ninth of September next, and delivered unto Mr. William
Baulston, Mr. Edward Smyth, and Mr. Joseph Torrey, to
be returned for England.

of^aTerif 13. It is ordered, that in case any considerable com-
pany of perssons in either of the fpwer townes doe resist
the gatheringe up of the rates by the Towne Serjant ;
that then the Generall Assistant of that towne shall send
for the Generall Serjant, who shall distrayne on such
perssons estates, that which they are rated, and shall be
payed his dues for such service out of the persons estates,
by virtue of a warrant from the President or any Generall
Assistant.

14. Whereas, there have been threatenings given
forth by Richard Smyth, Jun'r, that in case he be ob-

resisted.

AND PROVIDENCE PLANTATIONS. 423

structed in his pretended takings possession by buildinge 1659.
on IIoo' Island, or by any other such actions which lie '-*— ^^-**-'

* ^ J J Those who

may proceed in against the Collonys priviledges, &c.; he «^^^s^ructh>^
havinge professed that if he meete any of the free inhab- to be°5t
itants of this Collony in any other jurisdiction of this
country, after his beinge so' obstructed, he will there ar-
rest and prossecute against any such freemen ; The Court,
therefore, doe declare that if Richard Smyth, the afore- ^ .

' •' ' Richard

sayd, or any other, shall soe arrest or moilest any member fjj^y^^'J*
of this Collony, in airy other jurisdiction for lawfully ob-
structinge him as abovesayd, or for doing any such law-
full act in this Collony ; this Collony will stand by such
as shall be soe molested by him, or any others ; and by
all lawfull meanes beare such persson or perssons soe mo-
lested, harmless to all intents and purposes whatsoever.
And to that end, the Court, for the preventinge of such
mollestations against the members of this Collony as above
threatened by Richard Smyth, or others, doe declare, that
if the sayd Richard, or any other, doe soe moilest any
persson for the causes abovesayd ; he, the sayd Richard,
or others soe moUestinge, shall be lyable to pay and make
full restitution for all dammages that the sayd moUested
party or parties, and consequently the Collony shall be
putt unto or sustayne by such mollestation ; and shall,
moreover, be lyable to pay a fyne to the Collonys use, ac-
cording as the demerrit of the offence may require in the
judgment of a Court of Commissioners, who shall have the
scanninge of the sayd offence.

Forasmuch, as we have received letters from our affent, wnts to go
Mr. John Clarke, out of England, that the pressent gov-™g°'^'Jjf
ernment thereof is by the old parliament as it was six [he'c^nT-^
yeats since, without a single person or house of peers ; it of°Engiand.
is ordered, by this pressent Court, that all warrants and
summons, shall be ishued forth in the name of the su-
preame authority of the Commonwealth of England ; and
that all writts and warrants formerly ishued out or Bond
taken in the name of the Lord Protector, shall be in

424 RECORDS OF THE COLONY OF RHODE ISLAND,

lGo9. be in force untill those actions be isliued and accom-
^-^"^^''^^plislied.

Provision

tl^roCJov- ^^ i^ ordered, that it shall be lawfull for any plaintiff
f Town^ °* ^igainst any towne in this Collony in any actionable case,
to arrest the Towne Treasurer, who, (beinge arrested) shall
consult with the Towne or T'owne Counsell, whether to
compound or stand out the suite ; and he shall demaund
of the towne a rate to repay his charges and disburse-
ments ; and if he cannot atayne a rate, he shall, by vir-
tue of this order, have power to arrest to the Generall
Court of Tryalls, any of the obstructions of the sayd rate
whome he please.
pur'^hase ^^ ^^ Ordered, that the gentlemen lately chossen and
towomut°' apoynted to purchass lands at Niantecutt, of the natives
for the Collonys use, doe speedily apply themselves also
to purchass of the natives a sufficient plantation at Poto-
womett for the same use ; provided, that the sayd planta-
tion doe first satisfy in reason such of the inhabitants of
Providence and Warwicke who have expended money (for
the recoveringe of the charter from Mr. Coddington's ob-
obstruction) upon the account and premiss of this very
place.
In what It is ordered, that in case the President and Generall

majistrate Asslstaut lu auv towuc l)e absent, or be otherwise defi-

may com- •'

mitt to pris- g jgj^l; at any time, whereby fellows or other offenders lya-

ble by law for the offence or offences to be committed to

prison, and in danger to escape ; it shall then be in the

power of the towne magistrates, or for either of them in

either towne to committ such offender or offenders to the

Collony prison.

4uh the''' Ordered, that the articles of agreement made betweene

feuTad°m. this Collouy and Quissuckquoanch, chiefe sachem of the

Narragansetts, at the Generall Court, made the 28th of

May, 1G50 : shall be recorded in the Generall records ;

and that the originall is committed to the keepinge of the

Pressident untill the Collony see cause to call for it.

AVhereas, James Rogers, Generall Serjant, complayneth

AND PROVIDENCE PLANTATIONS. 425

of his great oppression by his occasions of millinge ; and 1G59.
beinge both Generall Serjant and Towne Seriant, and also ^-«»^^'-^*^

. ° . "^ J ' Power to the

beinge infirme in his body ; and therefore desireth the ^^^^g^f^'^g
Court to allow him to constitute a deputy upon occasion Dc^juTy.''
for executinge some writts belonginge to his office of
Generall Serjant ; and doth thereupon ingadge to be re-
sponsible for what his deputy doth therein, as well as if
he did it himselfe. The Court doe thereupon enable the
sayd James Rogers, upon occasions that may urge him to
constitute a deputy to serve any writt that belongs to the
Generall Serjant's office dureingo the time of his beinge
Generall Serjant ; as also to take up fynes and serve exe-
cutions that belonge to the sayd office to performe.

Whereas, Mr. John Easton petitions the Court to with- state's part

-. . -\ • 1 °^ prizes.

draw an action commenced against his father, Mr. Nicho-
las Easton, by the Generall Aturney for accompt of the
State's part of prizes. For the clearinge of the matter,
Mr. William Dyre refuseth to give any accompt at all,
and Mr. Nicholas Easton is willinge to give some accompt,
even so farr as he knoweth as he sayth : Therefore the
Court doe order, that the Generall Aturney doe demurr
the case with respect to Mr. Easton, and proceed with re-
spect to William Dyre ; and the rather because he put in
noe answer the last Court. And further, it is ordered, that
in case any person or persons that have received without
a Court order, any of the State's part, as Mr. John Gould
or any other, doe refuse to deliver up the same upon John
Easton's demaund, or his order in his fathei^'s behalfe ;
that then what dammage Mr. Nicholas Easton receives by
reason thereof, he or they shall make good ; and upon
receipt thereof, Mr. Easton, or his orders discharge, shall
be his or their sufficient security.

The Court havinge taken notice of the complaynt of Robert Grif-
Robert Griffin concerninge the remaynder of the seven c°'^^^^'^'^°'

1 Ml- /^ complaynts.

pownd, tenn shillings, that Quissuckquoanch ingadged in
the Court, at the Generall Court at Warwick, in Novem-
ber last, the remaynder of which is, it seems, five pownds

426 RECORDS OF THE COLONY OF RHODE ISLAND,

1659. tenn shillings ; and further, whereas William Caclman
^^-*"^''"*^-' doth complayne for want of money due from one Quis-
suckquoanch, his men, by judgement of the Generall
Court at Providence, in March last, which is not yet
paid ; the Court upon the consideration of the premises,
doe request the President to cause demaund of satisfaction
from Quissuckquoanch, accordinge to justice in both the
former cases. And further, to signify unto him that if he
doe it not, the Court will take a speedy course to force
him to doe right, which will prove troublesome and
chargeable unto him.

falsed"^'" It is ordered, that a rate of six pound, tenn shillings,
after peage six a penny, be rayzed^ and gathered in each
towne, to pay Ptichard Knight what is due to him from
the Collony, which rates from each Towne are to be gath-
ered and payed to him at the next Generall Court of
Tryalls, to be held at Portsmouth, in October next.

abScow Vpon the request of Mr. Cowland and Ealph Earll,
Sen'r, ordered, that a voate be sent from this Assembly
under the Clarke of the Assembly's hand unto Richard
Knight, to advise him to deliver the cow he had of Mr.
Cowland for the use of Sarah Earll, or the vallewation of
herr, unto Mrs. Cowland, or unto the Town Counsell of
Portsmouth.

«rta°rpub-^ It is ordered, that there be noe coppies given forth to

be made, auy prlvatc person or persons, of any of the letters ordered
to be sent to the United Collonys, or to Massachusetts,
Plymouth, or to Major Atherton as before sayd, by this
Court, untill the Court doe give further order ; only pro-
vided, that if either of the Townes in the Collony desire a
copie of either, or all the letters, they shall have them of
the Recorder ; provided, they send for it or them under
their clarke's hand per towne ordered, payinge two shil-
lings, six pence a piece to the recorder for them.

William Slade, of Newport, is admitted a freeman of
this collony.

U)'r:cord?r!' It is Ordered, that the recorder shall have twenty shil-

AND PROVIDENCE PLANTATIONS.

427

lings from each towne for coppies of this Court orders ; 1658.
and for writting and recordinge the letters to Plymouth, ^-^^"-^
and to the commissioners of the United Collonies, and to
the Massachusetts, and to Major Atherton.

FFINIS.

The Generall Court of Election held at Portsmouth^ the
22d of Mai/, 1660, beinge the second Tuesday after the
mh of May.

Mr. Nicholas Easton, chosen Moderator of this As-
sembly.

Mr. William Brenton, chosen President ; Mr. Nicholas
Easton next, Mr. Arnold next.

Mr. William Feild, chosen Assistant for Providence ;
Mr. Wm. Harris next, Mr. Fenner next.

Mr. William Baulston, chosen Assistant for Ports-
mouth ; Mr. John Porter next.

Mr. Benedict Arnold, chosen Assistant for Newport ;
Mr. Tew next.

Mr. John Greene, Generall Assistant ; Mr. John
Smyth next, Mr. Weeks next.

John Sanford, chosen Generall Recorder ; Mr. William
Dyre next, William Lytherland next.

John Sanford, chosen Generall Treasurer ; Mr. William
Baulston next, Mr. John Greene next.

Mr. James Rogers, chosen Generall Sarjent ; Mr. Rich-
ard Bulgar next, Richard Knight next.

Mr. John Easton, chosen Generall Aturney ; Mr. John
Greene next, Capt. John Cranston next. *

RECORDS OF THE COLONY OF RHODE ISLAND^

John Sanford, Generall Eecorder ; ingadged.

Mr. William Brenton, President ; ingadged.

Mr. William Feild, Generall Assistant for Providence ;
ingadged.

]\Ir. William Baulston, General Assistant for Ports-
mouth ; ingadged.

Mr. Benedict Arnold, General Assistant for Newport ;
ingadged.

Mr. John Greene, General Assistant for Warwick ;
ingadged.

Mr. James Rogers, General Serjant ; ingadged.

Mr. John Easton, Generall Aturney ; ingadged.

Mr. Richard Bulgar, Generall Solictor ; ingadged.

The Generall Court of Commissioners held for the Collony,
at Portsmouth, the 22d of May, 1660.

COMMISSIONERS FOR
PROVIDENCE.

Mr. William Brenton,
Mr. William Feild,
Mr. Benedict Arnold,
Mr. Arthur Fenner,
Mr. William Carpenter,
Mr. Thomas Hopkins.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. John Porter,
Mr. William Hall,
Mr. Samuel Wilbore,
Lieut. John Albro,
Mr. Edward Fisher,
John Sanford.

COMMISSIONERS FOR
NEWPORT.

Mr. Nicholas Easton,
Mr. Richard Tew,
Capt. John Cranston,
Mr. John Easton,
Mr. William Harris,
Mr. John Greene.

COMMISSIONERS FOR
WARWICK.

Mr. Randall Houlden,
Mr. Samuel Gorton,
Mr. John Smyth,
Mr. John Greene,
Mr. John Weeks,
Mr. Richard Carder.

Ordered, that the letter from Mr. John Wintlu'op, and
Major Atherton, shall be read.

AND PROVIDENCE PLANTATIONS. 429

Whereas, tlaere is a certayne clause in a law made at 1660.
Warwick, November the 2d, 1658, toutching the people's ^-•^^'"*^
libertie to disanull any law to them presented from the l^j^^^^'^^^^'^Jf^^
Courts of Commissioners, as there is premised ; by which u°eTepeai-
clause it seems the privilidges of the people are not soe '"" "
clearly evinced as the Commissioners thereby and therein
did intend in formeinge the same law, in regard of this
clawse (that the major parte of each Towne in the Collony
must send in their voates of their towne to the Generall
Recorder, to disallow any law that should be soe present-
ed, within tenn dales after it is presented to the Towne,
if they conceive such, or any such law not wholesome).
It is therefore ordered, by the authority of this present
Assembly, that the aforesaid clawse be rectifyed, and that
.instead thereof, it be enacted, and it is hereby enacted,
that there be three months time, that is to say, fowre
score and six dales alowed for the returne of the voates
from each towne unto the Generall Recorder after that
such lawes be presented (in such order and time as by the
foresayd law is provided) to each towne ; As alsoe wee
further enact that it apeareinge by the returne of the
voates, that the major parte of the free inhabitants of this
Collony have disapproved or disannulled any such law or
lawes, then the sayd law or lawes to be of noe force ; al-
though any one towne or other should be wholly silent
therein, or otherwise such law or lawes to be in force ac-
cording to the true intent of the other parte or clawes
in the abovesayed law of November the 2d, 1658 ; and
this foresayd addition to stand and be in full force, any
law or lawes, or any clawes or clawses in any former law
contayned, to the contrary notwithstandinge.

Voated, that Mr. William Brenton, Mr. Benedict Ar- committee

a purchase

nold, Mr. John Porter, John Sanford, Mr. Nicholas Eas- ^°^g^t7^-
ton, Mr. William Harris, Mr. John Greene, and Mr. Ran-
dall Houlden are chossen a committee to ripen the matter
concerninge the purchass made by the gentlemen of the

Nicholas
EastoQ and
John Cog-
geshall to
' new

430 RECORDS OF THE COLONY OF RHODE ISLAND,

1660. Bay, in Narragansett, and draw up their result thereon,
— ^'^**-' and present it to the Court.
Mrs. Morris. It is Ordered, that Mrs. Morris shall have libertie to

her case.

dwell in the prisson house untill such time as the Collony
shall see cause to order otherwise ; or till she have notice
given her by the Generall Serjant to goe forth.

Whereas, there are judgments of the last Generall
Court of Tryalls against Mr. Nicholas Easton and Mr.
Tryair" Johu Coggcshall, for forfeiture of their bonds by non-
apeareance when called at the sayd Court ; and they
haveinge petitioned and desired this Court to suspend ex-
ecution of the sayd judgments and graunt them liberty of
a fayre tryall at the next Court : Therefore, the Court
doe order, that their bonds now in the office doe continue
in force to bringe them to tryall at the next Generall
Court of Tryalls, to be held in October next, at Warwick.
It is ordered, that Mr. John Greene, of Warwick, shall
Jo|iji^ Greone supplie tho placc of the Generall Aturney in the case of
^^^"^- the State against Mr. Nicholas Easton, for the State's
parte of the prizes.

It is ordered, that Mr. Richard Smyth, Sen'r, Mr.

palule^'' William Feild, Mr. William Carpenter, and Mr. John

"^er. Weekes, are authorized to consider some way of make-

inge a bridge over Pawtuxett river, and present their

result and agreement thereon unto the next Court of

Commissioners.

Ordered, that those gentlemen that were formerly
aSana! chossen to treate with Plymouth Commissioners concern-
inge Hog Island, shall again write to Plymouth Court to
signifie that our Commissioners are yett ready to attend a
treaty upon the whole difference betweene us, if they
please, at any time and place agreed on.

It is ordered, that Robert Grifi&n shall be paid what is
flnVo' be^"^" ^^^ ^^ hi^^ fi'OJ^ Quissuckquonch, which is five pownd,
^^"'- tenn shillings, out of the [proceeds of the] landes which
are purchased for the use of the Collony.

AND PROVIDENCE PLANTATIONS. 431

It is ordered, that all the letters sent from Plymouth 1660.
Court to ours, concerninffe our pressent differences, shall ;-f"^'^

' O 1 ' ^ Letters fiom

remaine in Mr. Arnold's possession till the debate with P'y°^°^t^
Plymouth Commissioners be ended.

It is ordered, that Mr. WiUiam Dyre's case concern- wiwam

' '' Dyre's case.

inge the State's part of prizes is referred to the next
Generall Court of Commissioners, and that his former
bonds in that case doe stand still in force untill that
Court.

It is ordered, that whereas, there is due to James Rog- erTto'i)^*"""'
ers the summ of fower pownds, sixteene shillings, for ser- ^^^^'
vice done as Generall Serjant this last yeare, and that
each towne shall [as its proportion], pay him the summ of
twenty four shillings.

It is ordered, that the Recorder shall have tenn
shillings from each towne, for copies of this Court
orders.

The Generall Court of Coinmissioners held at Warwicke.
the 18th of October, 1660.

COMMISSIONERS FOR COMMISSIONERS FOR

PROVIDENCE. PORTSMOUTH.

Mr. William Feild, Mr. William Brenton,

Mr. William Harris, Mr. William Baulston,

Mr. Arthur Fenner, Mr. Benedict Arnold,

My. John Fenner, Mr. Phillip Tabor,

Mr. Joseph Torrey, Mr. Richard Morris,

Mr. Thomas Hopkins. John Sanford.

432 EECOKDS OF THE COLONY OF RHODE ISLAND,

1660. COMMISSIONERS FOR COMMISSIONERS FOR

^-^^'^^^ NEWPORT. WARWICKE.

Mr. Peter Easton, Mr. John Smyth,

Mr. John Easton, Mr. John Weeks,

Mr. Caleb Carr, Mr. John Greene,

Mr. Thomas Gould, Mr. Richard Carder,

Mr. John Greene, Mr. Stukely Westcott,

Mr. John Sweete. Mr. James Greene.

Mr. William Brenton, chosen Moderator.

It is ordered, that the letter sent from Mr. John
Clarke, be opened and read in this Assembly.

Charles 2d,
Letter read.

Ordered, that his Majesty's letter to the Parliament
house of Commons, and his declaration and proclamation
be openly read.
t^ionS I* i'"^ ordered, that his Royall Majesty, King Charles
^^rffitsthe Second, King of England, Scotland, Fraunce and Ire-
land, with all the dominions and territories thereunto be-
longinge, shall be proclaimed to-morrow morninge at
eight of the clocke, in presence of this present Court ;
and that the officers of the trayne band of this towne doe
rally the company or trayne band of this towne together,
to solemnize the proclamation.
pubiicdocu- It is ordered, that all writts, warrants, with all other

raents to be ' ' '

L"ame.^'''^"'P^'^^^ifF^ transactlous, shall be from henceforth issued
forth and held in his royall majesty's name ; and that aU
bonds formely taken, shall continue in force till issued,
t^onlo'be" I^ is ordered, that on the next Wednesday, which will
^oemmze . |^^ ^^^ ^|^^ ^igj; Qf ^his iiistaut mouth, each towne in this
coUony shall then, at the head of the company of each
trayne band, solemnize the proclamation of the Royall
Majestic. And that the captaine of each towne is hereby
authorized and required to call the trayne bands together
to solemnize the sayd proclamation on the foresayd day, if
the weather doe permitt ; if not, it is to be done on the

AND PROVIDENCE PLANTATIONS. 433

next fayre day, and that all children and servants shall 1660.
have theire libertie for that daye. ^-^►v-i*-'

It is ordered, that his Majesty's letter to the House of The King's
Commons, and his public declaration, together with the *^'°fj°//t'^^
proclamation of his Majesty, be kept upon record, and"^*^°"^*'
annexed to our publique records.

Ordered, that My. Benedict Arnold, Mr. William Baul-
ston and John Sanford, shall draw up a drauft of a com-
mission to be sent unto Mr. John Clarke, in England, and
present it to this Court.

It is ordered, that the committee chosen by the Court, committee

' •' ' to open let-

in August last was twelve months, viz.: the President, ^J'te'Jo Mr
Mr. William Baulston, Mr. Benedict Arnold, Mr. Joseph
Clarke, Mr. John Easton, and Mr. Joseph Torrey, or any
fower of them, are still authorized to open any letters
which shall come to the 'collony ; as alsoe to write to Mr.
John Clarke, in answer to his letter wherein they shall
enclose his commission from this Court, which commission
shall be subscribed by the Generall Recorder, with the
scale of the Collony annexed.

• A copie of the Commission to Mr. John Clarke.

Whereas, wee, the Collony of Providence Plantations

Clarke.

Commission
to Mr. John

in New England, having a free charter of incorporation c'larke.
given and graunted unto us in the name of King and
Parliament of England, bareing date Anno Domini, one
thousand, six hundred and fortie three, by virtue of which
charter this collony hath beine distinguished from the
other collony s in New England ; and have ever beine and
to this time mayntayned government and order in the
same collony by administeringe judgment and justice ac-
cordinge to the rules in our sayd charter prescribed.
And further, whereas, there have beene sundry obstruc-
tions emerging, whereby this Collony hath beine putt to
trouble and charge for the preservation and keepinge in-
voyolate those privilidges and emunities, to us graunted

434 RECORDS OF THE COLONY OF RHODE ISLAND,

1660. in the foresayd free charter ; which saycl obstructions
^*""'^^' arise from the claims and encroachments of neighbours
about us, to and upon some parts of the tract of land men-
tioned in oure charter, to be within the bownds of this
Collony.

These are therefore, to declare and make manifest unto
all that may have occasion to peruse and consider of these
presents, that this present and principal Court of this Col-
lony, sittinge and transactinge in the name of his most
gracious and royall Majestic, Charles the Second, by the
grace of God, the most mighty and potent King of Eng-
land, Scotland, Fraunce and Ireland, and all the domin-
ions and territories thereunto belonginge, doe by these
presents make, ordayne and constitute ; desire, authorize
and apoynt our trusty and well-beloved friend, Mr. John
Clarke, Physician, one of the members of this Collony,
late inhabitant of Khoade Island, in the same Collony,
and now residing in Westminster, our undoubted agent
and Aturney ; to all lawful! intents and purposes lawfully-
tending unto the preservation of all and singular the
priviledges, liberties, bownderies and emunities of this
Colony, as according to the true intent and meaninge of
all contayned in our sayd charter, against all unlawful!
userpations, intrusions, and claimes of any person or per-
sons, on any pretences, or by any combination whatso-
ever ; not doubtinge but the same gracious hand of
Providence, which moved the most potent and royal!
power abovesayd, to give and graunt as the abovesayd
free charter, will also still continue to preserve us in our
just rights and priviledges, by the gracious favour of the
power and royall majestic abovesayd. Whereunto wee
acknowledge all humble submission and loyall subjection.

Given in the twelfth yeare of the reigne of our sov-
ereign lord, Charles the Second, King of England,
Scotland, Fraunce and Ireland. Att the General!
Court, houlden for the Collony of Providence

AND PROVIDENCE PLANTATIONS.

Plantations, at Warwicke, the 18th clay of Octo-
ber, Anno Dommi, 1G60.
Sealed with the seal of
the Colony.
To our trusty and well-beloved friend and Agent, Mr.
John Clarke, of Rhode Island, Physician, now resid-
ing in London, or Westminster.

It is ordered, that a committee be chossen to treate ^o^mis-
with those gentlemen that have made purchass of lands iuthofeTha't
Narrao^ansett ; and that the sayd committee shall have chlsedTanaa

° ' -^ in Nan-a-

full power to treate and fully agree with them in the s«.nsett.
present differences about their coming into our coUony.
The committee chosen for Providence, are Mr. William
Feild and Mr. Arthur Fenner ; for Portsmouth, Mr. Wil-
liam Baulston and John Sanford ; for Newport, the Presi -
dent and Mr. Benedict Arnold ; for Warwick, Mr. John
Greene and Mr. Randall Iloulden. And further, it is or-
dered, that these Commissioners before named, doe
speedily take care to write unto the gentlemen, viz.: Ma-
jour Atherton and his associates, to desire them, in the
name and behalfe of the collony to apoynt some of them-
selves to treate with the aforesayd Commissioners upon
all the differences dependinge about their coming into, or
possessing lands from the Indians within this coUonie's
bownds ; and also to consider and conclude upon any and
every particular that may begett a right understanding
betweene those gentlemen and the Collony. And further,
the Court doe declare, that what the majour parte of the
commissioners aforenamed shall conclude upon with those
gentlemen or their commissioners, shall stand and be au-
thentick to all intents and purposes touchinge the premis-
es, in the name and behalfe of the Collony : Provided,
there be nothing done to the prejudice of the priviledges
of the Collony. But if noe agreement be made, or Ma-
jour Atherton and the rest of them .refuse a treaty, that
then the Commissioners aforenamed, or the majour parte

436

RECORDS OF THE COLONY OF RHODE ISLAND,

1660. of them, are authorized to forbid those gentlemen further
-'^^'"•*-' progress on the lands premised, and are to use all lawfuU
meanes to hinder them from such proceeds, and to prose-
cute against them.

Ordered, that the Generall Recorder is authorized to
demaund and receive the seal sent by Mr. John Clarke
of i\Ir. Nicholas Easton.

It is ordered, that Mr. Dyer's case concerning the
State's parte [of prizes] is referred to the next Court of
Commissioners.

The Generall Court of Election, held at Newport, the
21st of May, 1661, being the first Tuesday after the
fifteenth of this instant.

Mr. William Brenton, chosen Moderator for this As-
sembly.

Mr. William Brenton, chosen President ; Mr. Benedict
Arnold next, Mr. Nicholas Easton next.

Mr. William Feild, Assistant for Providence ; Mr.
Arthur Fenner next.

Mr. William Baulston, Assistant for Portsmouth ; Mr.
John Porter next.

Mr. Benedict Arnold, Assistant for Newport ; Mr.
John Easton next.

Mr. John Grreene, Assistant for Warwicke ; ^Ir. John
Weeks next.

Mr. Joseph Torrey, chosen Generall Recorder ; John
Sanford next, Mr. Dyre next.

Mr. James Rogers, Generall Serjant ; Richard Knight
Thomas Gould next.

AND PROVIDENCE PLANTATIONS.

My. Caleb Carr, Generall Treasurer.

Mr. John Easton, Generall Aturney ; Mr. Dyre
next.

Mr. Peter Tallman, Generall Sollicitor ; Mr. Richard
Bulgar next.

The Generall Court held at Neivport, the 21st of May,
1661.

COMMISSIONERS FOR COMMISSIONERS FOR

PROVIDENCE. PORTSMOUTH.

Mr. William Feild, Mr. William Baulston,

Mr. William Arnold, Mr. John Roome,

]Mr. Thomas Harris, Sen'r, Mr. John Briggs,

Mr. Thomas Roberts, Mr. Thomas Brownell,

Mr. Zachary Rhoades, Lieut. John Albro,

Mr. James Barker. Mr. John Tripp.

COMMISSIONERS FOR COMMISSIONERS FOR

NEWPORT. AVARWICKE.

Mr. William Brenton, Mr. John Smith,

Mr. Benedict Arnold, Mr. John Weeks,

Mr. Caleb Carr, Mr. John Greene,

Mr. John Easton, Mr. James Greene,

Joseph Torrey, Mr. William Dyre, Sen'r,

Mr. William Jeffery. Mr. Peter Tallman.

Mr. William Brenton, chosen Moderator for this Courte
of Commissioners, this day.

The Court adjourned till eight o'clock, to-morrow.

May the 22.
Mr. William Brenton, chosen Moderator.

438 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. Concerninge letters from those gentlemen in the Matha-
'"-*'~"""*^ tusetts, aboute the enclms-e the diference betwixt them

Commis- ^

nected'with " ^^^^ ^^^^ Collony, tho Court doe order a committee which
MassaX- -^ j^j^,_ Amold, for Newport ; lSh\ Baulston, for Ports-
mouth ; Mr. Roades, for Providence ; Mr. Weeks, for
Warwicke.
s^b^-commit- Wee, the sub-committee chosen by the Court, May
toMajor"" 23d, 1661, haA'incTe seriously considered and debated cir-

Atherton .

cumstances concerninge the matter in difference depend-
inge betwixt the gentlemen and some friends with them,
that are active in posesinge and sharinge the Narragansett
lands in the Collony, without the consent of the Collony,
doe finde by ther letters that those gentlemen, Majour
Atherton and his associates, are not so well informed of
the intent of the Collony as might be requisitt ; as also
we find that they are inclyned to a treaty, but desier a lit-
tle furder time from the collony, as touchinge particulars
of the treaty, and as touchinge a refference in case the
committee cannot deside it ; and for our parte, we judge
it meet that they be againe written unto, either by those
apoynted to treate, or by some that may be now apoynted
to write ; and we doe desire that all rationall, manly and
civill information and respecte be used so as the matter
may be fayrly scaned and ended, if it may be ; and fur-
der doe conseve that mosion of theirs desireinge a coppie
of the Courte order concerninge the treaty should be at-
tended to, and withall a coppie vnder the Recorder's hand
sent with the letters vnto them.
Commis- Ordered, that these, viz.: The Presidente, and others

sioners to ' '

Majo7"^ with him, that weare by the Court of Commissioners held
' "°°' at Warwicke, the 18th of October, 1660, authorized and
apoynted to write to, and treate with Majour Atherton,
Captayne Hutchinson, and the rest of the gentlemen with
him associated in the purchasing of lands from the Indians
at Narragansett and partes adjoining within this Collony,
are by this present Assembly still authorized to proceede
according to the foresayd order ; and they or the major

AND PROVIDENCE PLANTATIONS.

439

part of them [are authorized] to write unto the saycl Ma- 1661.
jour and his associates, as also to treate with them ; and ^-*'^-^*-'
have still full power, they or the major part of them, in
case of a treaty, to macke a finall issue of all differances
that doe consearne that matter. And in case that cannot
be efected by treaty, then to put the matters to reference
if they see cause. They are also desired to send the sayd
gentlemen a coppie of the abovesayd order, as also of this
present order ; and furder, are still authorized in case a
fayre issue cannot be had, as is desired, then in a speedy
and conveniente time and season, to forbid the sayd gen-
tlemen and any of their company, in his Majesty's name,
from furder proceedings in the sayd purchase as to pos-
sessinge or shareinge any of the sayd lands, and to prose-
cute against them or any of them in case they still pro-
ceed without consent of the Collony, as concluding their
proceedings are contrarie to the crowne and dignity of
his Majesty, and the peace and well beinge of his Majes-
ty's subjects in this Collony.

J J J Joseph Tor-

Ordered by this Courte, that Joseph Torrey being Re- ^7t'o^4^'ei'^;

corder, shall forthwith demand all the records that belong "'^ "'*'°'''^'-
to the Collony, of Mr. John Sanford, the late Recorder,
which are in his custody ; and upon receipt of them, is
authorized to give discharge for all such records as hee
shall receive.

Ordered, that noe person, of what deo-ree soever, that no person to

■^ _ '-' ^ be arrested

hath his aboade, or who sojourneth within any parte of^^^^'g^^'^?^*^
our Collony, shall arest any other abidiuge or soj our ninge """"^ ''''''"■
in this Collony, or in any other jurisdiction in New Eng-
land, in any matter that concernes title or posession of
land, but onely in this collony ; and in case any person
presume to act contrary to the premises, hee or they shall
be lyable to pay the molested party his damadge and
charges, which shall be recoverable by an action of vnjust
molestation.

It is ordered, that the bill of James Rogers, Generall James

° Roger's Mil.

Serjant, presented to the Generall Courte, is approved of

440 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. and signed, and fourteene pound to bee payd unto him by
'--*'^>''^*^ the fower townes ; that is, three pounds, tenn shillings

per towne.
panofpr'iz- Whereas, there hath beene former proceedings against
EaTton's Mr. Nlcholas Easton, in a way of law for recovery of ac-

hands. ' ./ ^ ^

counts and money of the State's parte of prizes in his
hand ; and furder, whereas, at the last Court of Try alls
the action was suspended and refered to this Court for ad-
vice as to furder proceedings thereaboute ; It is ordered,
that the sayd action be suspended vntill a Court of Com-
missioners take furder order thereabout.
Christopher ^nd It Is furtlicr ordered, that the order by which

Almy to be ' •'

N^cho:^ Mr. Christopher Almie was enabled to demand twenty
eight pounds, five shillings of Mr. Nicholas Easton, which
order was made at Portsmouth, the 17th March, 1655, is
agayne revyzed, so ftirr, that the sayd Christopher Almye
is thereby impowered to demand the sayd moneye as be-
inge his due ; and in case he doth not receive it on de-
mand, he may tacke a legall way to recover it ; and in
case of recoveringe the sayd sume, his receit therefor shall
be a discharge to hee that payeth it.
^e'r"'to^'b^^'" Whereas, there is a very gret defeck apeareinge in re-
fe'futeioac^D'ard that the places of Generall Officers, as of Recorder,

when A

elected. Trcasurcr, Sargante, Attorney or Solicitor, are some-
times voyde, for want of a penalty annexed, and imposed
on such as from time to time are lawfully chosen to either
of those places, in case they refuse. Be it therefore
enacted by this presente Assembly, that from henceforth if
any be chosen to any of the sayd Generall Offices and re-
fuseth to serve, he shall presently pay downe a fine of five

Five pounds po^nd to the use of his Majesty ; or in case he pay it not,
then shall it be taken by distraynt by vertue of a warrante
from the Generall Recorder then in beinge, to the Gener-
all Sargante then in beinge, together with the charges
that ariseth ther about ; and the sayd five pound to be
delivered to the Generall Treasury for the use aforesayd.
For the drawingc up of soraethinge to consider with re-

fine,

AND PROVIDENCE PLANTATIONS. < 441

Specie of sending a man for England, a committee is 1661.
cliosen, which is Mr. Arnold, Mr. Baulston, Mr. Greene
and Mr. Weekes.

Forasmuch, as it apeares that ther is great complaynt ^~j^g<^-
by reason that ther is no place or places for strangers to I'oruinment.
be entertayned, it is therefore ordered, that it shall not
be lawfuil for any person to retayle wine or lyckers, but
such as shall keepe one bed at least, and victuals for the
entertayning of strangers, under the penalty of ten shil-
lings for the first offence, and twenty shillings for every
defecte afterward ; which penalty shall be taken by des-
trayntbythe Constable or Sarsrante, and shall be returned to retail n-

•^ •' tj •> quors unless

the one halfe to the towne treasury, and the other to the ^^gVed!^
informer.

Ordered, that the Recorder doe forthwith ffrant forth asucquansto

^ be arrested.

writ to the Sergante to arrest Sucquans, the Indian sa-
chem [and bring him] to our next Court of Tryalls, in an
action of the case concerninge debt and damadge of thir-
tie pounds ; to answer Mr. John Greene, Atorney, in
behalfe of the Court of Commissioners, to whom hee en-
gaged to pay seven pounds, ten shillings, as apeares by
record at a Court held at Warwicke, November the 2d,
1650.

Ordered, that this be the engagement of officers,
any former law to the contrary notwithstanding.

You, A B , being called and chosen vnto pub- Engagement

lique imployment, and the office of , by the free" '^

voate and consent of the inhabitants of the Province of
Providence Plantations (now orderly mett in his majesties
name), doe in this present Assembly engadge yourself
faythfully and truly to the vtmost of your power to exe-
cute the commission committed vnto you, and doe hereby
promise to doe neither more nor lesse in that respecte than
that which the CoUony have or shall authorize you to
doe.

We, the inhabitants of the Province of Providence Reciprocal
Plantations, being heare orderly mett, and having by free

442 RECORDS OF THE COLONY OF RHODE ISLAN1>,

1661. voate chosen you , to public office and offices for the

^-i-'^v--'^ due administration of justice, and the execution thereof in
his majesties name throughout the whole collony, doe
hereby engadge ourselves to the vtmost of our power to
support and vphold you in your lawfull performance
thereof.
mitte'e!"'' ^^^5 ^^^ committce, doe propose to the present Courte,
that we conceive it most meete that the Court doe nomi-
nate three or fower men, out of which the committee that
shall be deputed, may chuse one or two, as will be
thought most fit, with respecte to our present station, to-
gether with their particular emergant occasions best con-
descendinge as agents for England. The men nominated
are the President, Mr. Benedict Arnold, Mr. John
Greene, Mr. William Dyre, Mr. Randall Houlden, Mr.
Samuell Gorton, and Mr. Roger Williams.

Ordered, that these men named, are apoynted by this
Court to be such out of which the select men are to make
choyce of one or or two to be sent as agent or agents to
England. But in case neither of the aforesayd men
which shall be pitched on can be induced to goe to Eng-
land, then the select men shall be at liberty to make fur-
ther choyce in the Collony.

Audit Ordered, that Mr. Baulston, Mr. Porter, and Mr.

Sherman are apoynted to audite the accounts of Mr. John
Sanford, Generall Treasurer the last year.

The King's Thls prcsont Assembly, the Generall Court of Commis-

authority i • i ii • i •

acknowi- sioners, haveino;e much upon then' hearts the consideration

eagea, with jo a

humble
submiasiou
to it.

of that dutifull obedience, legally and vnfayned humble
affection that this Collony doth owe and beare unto the
crowne and dignity of his most excellent majestie, our
dread soveraigne Lord the King of England, Scotland,
Fraunce, and Ireland ; and of all the dominiones and ter-
ritorys thereunto belonginge ; and to which his royall
majesties dominiones or territory and subjects, we, in all
humble submission vnto his gracious government, doe ac-
knowledge this Collony, with all the members thereof, to

AND PROVIDENCE PLANTATIONS. 443

be an vndoubted part; and consideringe withall, the great 1661.
merceye of peace and freedome that wee enjoy vnder his '-^^^■^'^
most gracious protection and governmente ; as also hav-
inge with vnexpressible joy and wonder fixed our eyes
and mindes vpon his Majesties vnparallelled clemancie and
favour exspressly declared vnto all his liege people, of
what degree or condition soever, after soe great trouble
and offences as have lately passed, as by his Majesties
late gracious declaration it doth apeare ; which hath
beine since also manifested by his most royall disposition,
wholly inclyned vnto clemancye and favour towards all his
majesties subjects in so high a mesuer and manner, as
hath given them cause to bless the Lord for his goodness,
and to pray for his majesties long life with honour and re-
no wne above all the Kings under Heaven. We conclude it
our duty without delayes, not only to show our obedience
vnto his royall government, as we have hitherto done, both
by publicke proclaiminge his majestic our most vndoubted
liege Lord and soveragne ; and also humbly in the confi-
dence of his grace and royall favour acted in his majesties
name, but also in all humble and thankfull manner, to pre-
sent and prostrate ourselves, and that at his Majesties
feet, and to beseech his Majesties favourable continuation
of his goodness vnto us, his most faythfuU, tho poore and
vnworthy subjicks in these remote partes of the world ;
and the better to declare our loyalty and humble sarvice
vnto his majestic, do apoynt our trusty and well beloved
frend and agent, to present our acknowledgments accord-
ingly ; and to that end, doe vnanimously and cheerfully
clesier to contribute the summe of two hundred pound
starlinge, accordinge to money pay in this Collony, tow- ifng'comrits
ard our sayd agents expences in the management of the ^f^^H'^
sayd voyage and vndertakinge in our behalfes vnto Eng-
land, to be performed and improved with all expedition
possible. And to the end that the sayd summ of two
hundred pounds may be raysed with allacrity and cheer-
full freeness ; it hath pleased the Court to motion and or-
29

444 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. der, that it be done by the free contribution of the well-
'--^'--^*^ affected members of this Collony, as not doubting but tliat
every one of them will redily therein and thereby declare,
how abundantly gratefull it is vnto them to furder this so
dutifuU address vnto his majesty : Whereas, if otherwise
it had been improved and levied by a rate, it might have
eclipsed and anticipated ther most joyfull resentation of
this resolution. And to the end that the sumes may be
the more impartially proportioned and raysed out of the
fowre townes of the Collony ; the Commissioners of the
Proportion sayd towues have agreed, that eighty five pownds of it be
Sown7 collected of the Towne of Newport ; and forty pounds of
the Towne of Providence ; and forty pounds of the Towne
of Portsmouth ; and five and thirty pounds of the Towne
of Warwicke ; and that the money may be the more farely
collected, this Court have entrusted severall of the mem-
bers of this Collony in each towne to take care of the
matter, in proposing it to the severall inhabitants, and to
take and receive their contributions for the end and pur-
pose aforesayd : that is to say : Of the Towne of New-

Committee ^ "^ . "^

contribii- poi'tj are apoynted and desired, our honored President ;

wm offer-""^^ as also Ben: Arnold, Captain John Cranston, Mr. James

'""'■ Barker, Joseph Torrey and Mr. Richard Tew. Of the

Towne of Providence, Mr. William Feild, Mr. Thomas

Harris, Mr. William Carpenter, Mr. Thomas Almy and

Mr. Zachary Roads. For the Towne of Portsmouth, Mr.

William Baulston, Mr. John Porter, Mr. John Sanford,

Lieftenant Albury and Mr. John Roome. And for the

Towne of Warwick, Mr. John Greene, Mr. John Smith,

Mr. Randall Ilolden, Mr. John Weekes, Mr. Mathyas

Harvie and Mr. Richard Townsend. And seeing that all

matters cannot, in particular, be determined at this Court

as touching the premises, as respecting what specyes the

Selectmen coutributions are to be payd in, perticularly inasmuch as

whauhe'" every one hath not a like sort of pay, it is therefore requi-

*^°?f^^*"^'^sitt to leave the perticulars to the discretion of selecte

men, two of each towne, to advise and conclude on both

AND PROVIDENCE PLANTATIONS. 445

the tilings and the prices that they are to be payd in ; 1661.
beino- any sort of cattle, come, i^rovisions at the usuall ^-s-v-^i-'

. , n How they

prices as vamed on account of money pay, so called in this^^'^^'" ^"•
Collony ; as also these selecte men are to agree with some
marchant or marchants, on as reasonable termes as they
can, to tacke the sayd cattle and provisions, and to give
bills of exchange therefor for the use of our agents in
England ; as also it is resolved and ordered, that ther be
at least two of each towne deputed and impowered to ad-
vise and consulte altogether vpon the perticular instruck-
tions and orders to be given and committed to hee or they
that shall be employed to England ; as also to demand
the charter of Mr. Roger Williams, and at their discretion
vnanimouslv ao:reein2:e to send the same, prostratino: itTodmana

•^ *^ f. . , ^ ^ the Charles'

and all wee have at his majesties royall wul and pleasuer, ^^\9^^^
oportunity and cause, presenting or requiring ; as also
those selecte men to tacke reciprocal! engagements,
stronge and authenticke, vnder hande and scale, of that
parson or those parsons that shall be imployed to England,
that they swerve not from ther instructions and commis-
sion any way to prejudice the priviledges of the Collony,
or of any towne therein, by, or for any sinister respecte
Avhatsoever ; and above all, those selecte men are to draw^^^'^^'^^^
vp our addresses vnto his majestic, in all humble manner, addreS to
by way of petition, in termes intreating of our dutifuU*"
prostration at his royall feett of ourselves and services, as
it becometh the humble subjecks of so gracious a prince ;
as also procure the Generall Recorder's hand vnto the
sayd addresses in the name and behalfe of the collony; as
also what orders made, touchinge the premises, that they
shall see fitt to have transcribed, and the coppies given to
the sayd gentlemen or men employed to go to England,
and those coppies to be signed by the recorder ; as also,
that those selecte men doe desier that those of the towne
of Warwicke, who have the keepeinge of the manuscript,
beinge the subjection of the Narragansett Indians vnto his
majesty, will deliver the same, to be also sent for the vse

446 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. of the Collony, by our agent or agents in England ; and
farder, that the Court doe order, that if the persons of
each towne entrusted to gather the contributions above
sayd, doe see it necessary that two gentlemen be sent on
the premised account for England, that then if well af-
fected persons will contribute to macke vp in all three
hundred pound, that is to say : £127. 10s. of Newport ;
£60. of Providence ; and £61. of Portsmouth ; also,
£52. 10s. of Warwicke ; it is by this Court committed to
the care of the sayd gentlemen to doe what may be most
suitable in that matter ; as also the Court ordereth, that
a list be taken of the monies and summes of each as con-
tributes, that they may be put vpon record, to declare it
to such as may thereby be incouradged and excited to
follow such good examples for their previous service, and
their countreyes welfare. And furder, the Court de-
clares, that the gentlemen of each towne apoynted to give

The form instruction to the agent or agents that are to go to Eng-
land, and to draw up the humble addresses to his majes-
tic are named, three of each towne ; and those three, or
any two of them atendinge the matters in all expedition
and season, are empowered to doe all those things per-
tayninge to the premises, and to sett their hands to all in-
structions, save such as the recorder was before ordered to
signe, and such their proceedings shall be authenticke.
The persons apoynted are the following, namely : For

pien chosen. p^,QyjjQj;^(3g^ Mr. William Feild, Mr. Roger Williams and
Zachery Rhodes ; for Portsmouth, Mr. Baulstone, Mr.
John Roome and Mr. John Porter ; for Newport, the
President and Benedict Arnold and Joseph Torrey ; for
Warwicke, Mr. John Greene, Mr. John Weekes and Mr.
Samuell Gorton, Sen'r ; and at least two of those three
named for each towne are apoynted to meet together at
Newport, to consulte and make some progresse in the
matter, on or before the 24th day of June, now next en-
suinge the date heareof, and if occasion be to meet

each towne
(o choose.

The sclecte

AND PROVIDENCE PLANTATIONS.

447

oftener, they are to apoynt their own time and pkce 1661.
of meeting. ^-*-v-*

It is ordered, that the Recorder have fifteene shillings
from each towne for each coppie of this Conrt orders.

The Generall Court of Commissioners held at Portsmouth.
August the 21th, 1661.

COMMISSIONERS FOR

PROVIDENCE.

PORTSMOUTH.

Mr. Eoger Williams,

Mr. William Baulston

Mr. William Feild,

Mr. John Roome,

Mr. Thomas Olney,

Mr. Thomas Lay ton,

Joseph Torrey,

Mr. John Breclges,

Mr. Philip Tabor,

Mr. John Tripp,

Mr. John Anthony.

Mr. Peter Tallman.

COMMISSIONERS FOR
NEWPORT.

Mr. William Brenton,
Mr. Benedict Arnold,
Captain Cranston,
Mr. Caleb Carr,
Mr. James Barker,
Mr. John Gould.

COMMISSIONERS FOR
WARWICK.

Mr. John Greene,
Mr. John Weekes,
Mr. John Smith,
Mr. John Porter,
Mr. William Dyre,
Mr. Thomas Brownell,

The President chosen Moderator.

Ordered, that Mr. Arnold's letter received from Mr.
John Clarke, shall be read in the public Court.

Ordered, that Mr. John Clarke's letters to the Collouy
shall be opened and read.

448 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. Ordered, that the letters that have been read, that
^^-^"^""*^ come from Mr. John Clarke, are committed to the

Recorder.
de^nt^o^take Ordcrcd, that the moneys that is in this present Court
money. *" Ingadgod, shall be brought vnto the President ",vithin six

dayes, who is desired to take care thereof, and send it to

Mr. John Clarke, our agent in England.
Committee Ordcrod, that Mr. Arnold, Mr. Dyre, and Joseph Tor-

to draw up •' j.

fhanK ^'^J' ^^'^ desired to draw vp a letter to jMr. John Clarke,

Clarke!"" of thankfullncss, and to draw out his commission that was

drawn up at the Courte at Warwicke, October the 18th,

1660 ; wdiich are to be signed by the President, and

sealed with the scale of the Collony.

The sums to Ordcrcd, that two men of each towne be chosen to see

be paid by

to's'^end'tr what monies they can rayze in the severall townes, to be
Mr. Clarke. ^^^^^ ^^ ^/^^^ Joliu Clarkc ; and what monies they can
rayze or procuer, shall be accounted double to any other
pay : that is to say, for everie twentie shillings in old
England moneye, to be equivalent with forty in other paye
of what they promised. And whereas there was a former
gathering for to send two agents to England, and it was
thought that three hundred pound was convenient ; It is
now ordered, and thought fitt that two hundred pound be
rayzed, and returne of it made vnto Mr. John Clarke for
his incouradgment to go on in our business ; and that this
moneye is to be proportionably rayzed vpon the fowre
townes, accordinge to the former proportion that was
thought meet from each towne to be razyed, that is to
say : of the Towne of Newport, eighty five pound ; of the
Towne of Providence, fortie pound ; of the Towne of
Portsmouth, fortie pound ; of the Towne of Warwick,
thirty sixe pound, sixtecne shillings, and eight pence.
The men who are nominated for this purpose, are :
for Providence, Mr. Roger Williams and Mr. Zachary
Rhodes ; for Portsmouth, Mr. William Baulston and Mr.
John Porter ; for Newport, Mr. James Rogers and Mr.
James Barker i for Warwick, Mr. John Smith and Mi\

AND PROVIDENCE PLANTATIONS. 449

John Weeks ; and what money they can or doe gather, 1661.
they are to bringe in vnto Mr. Brenton or Mr. Arnold, ^-*^>^^"*^
who are desired to reseve the same, and convey it vnto
Mr. John Clarke.

Ordered, that a coppie of this Courte orders shall be
sent to each towne.

Ordered, that the Recorder shall have five shillings for
each coppie of this Courtes proceedings.

The petition that was presented by Mr. William
Vaughan, John Coggeshall, and the reste with them on
account of their proceedings at Askomicutt, by approba-
tion of the Courte, was granted. Against this vote, Mr. '
William Brenton and Mr. William Baulston enter their
protest.

To the Honored Gentlemen of the Court of Commission-
ers assembled together in his Majesties name, for the
Collony of Providence Plantations, at Portsmouth, the
2Tthday of August, 1661.

Please ye honored gentlemen :

There being an opportunty or presentmente petuion of
of a sartaine piece or tracke of land lately discovered orvaug^Tn

^ . . and others

made knowne, which tract of land lyeth, or is situated in^°°°™|g
the fardest or remotest corner of this Collonies jurisdick- |foni-c„tt.- __
tion, called by the name of Askomicutt, which tracke of
land is faierly promised or ingaged to a sartaine number
of adventurers vpon the designe of purches of it ; which
adventurers are members of this Collony, and well-
wishers therto ; who desier to doe nothinge that shall
prove prejudisiall to the intrest and honor of the Collony's
preveledges or advancements, but are now confrontinge
the adversaries of the Collonie, which by a specie of in-
trusion are seekinge to macke inroads vpon our preve-
ledges of Collonies jurisdiction. The premises being con-
sidered, your petitioners are bold vnder correction to pray,
in case we can macke the adversarie, which is both to
Collonie and vs, anxious to retreatt, which we question

450 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. not, in poyntte of right and title from the natives ; there-
"-^"^^"^^fore, Ave beinge willinge to procecle in all poynts of legal-
lity that may suit with the advance and honner of the
CoUony, we humbly crave your favourable approbation,
countenance and assistance to vs in the settlinge of a
Plantation or Towneshipe, in or vpon the abovesayde tract
of land called by the name of Askomicott, which number
of persons may probably extend to the number of thirtie,
fortie or fiftie, or ther aboute, which we are theance to
inhabitt, whearof many of whom are persons constrained
to make inquisition and seecke for lande for a comfortable
, livelyhood. So, honored gentlemen, if it be your pleas-
ures to graunte your petitioners request or petition as wee
are, so wee subscribe and remaine your humble petitioners
and sarvants to our power for ourselves, and in the behalfe
of the rest of our company.*

Joseph Torrey, Hugh Hosier,

John Cranston, James Barker,

AVilliam Vaughan, Caleb Carr,

John Coggeshall, James Rogers.

John Crandall,

* The followiug is a copy of the Book from Records of the original jn'oprie-
tors of Westerly.

■ A copy of the Purchase of So-cho, the true owner of Misquamacoclc.

This deed or writiug, bearing date this present twenty-ninth day of June,
one thousand six hundred and sixty, witnesseth : That T. Socho, an Indian
Captain of Narraganset, being the true and lawful owner of a tract of land
called Misquamicoke, for a valuable consideration in hand paid to my con-
tent, have bargained and sold unto William Yaughan, Robert Stanton, John
Fairfield, Hugh Moshur, James Longbottom, all of Nuport in Rhode-Island
and others their associates, which said tract of land being bounded as follow-
eth. Easterly by a place called "Weecapaug or Passpatanage, joining to the
Nianticut land, on the South by the main sea, on the West by Pawcatuck
river, and so up the chief river or stream northerly and northeasterly to a
place called Quequatuck or Qucquachanocke, and from thence on a straight
line to the first named bounds called Wecapoag or Patchatanage joining upon
the Nianticut land, as abovesaid ; which said tract of land so butted and
bounded as aforesaid, I, the said Socho do for myself, my heirs, executors.

AND PROVIDENCE PLANTATIONS. 461

[The following clocnment, -svliicli refers to the contro- 1661.
versy tween Plymouth and Rhode Island to jurisdiction of ^-'-^^'^*-^
certain districts, is found in Hazard's State Papers, vol.
ii., p. 418.]

Letter from Plymouth Colony to Rhode Island, reJaMve to
the jurisdiction claimed by Massachusetts.

Vpon Complaint made by Capt: Goken and diners Pe-
quot Indians, and some from Road Hand, interested them-
selues in their posessions vpon Pautuckett Riuer, as alsoe
[the protest] the Narragansett Sachems Companie, Against
Sam'l Wilbore and his Companie, and pretending a protest
against theire proceedings, which they desired might bee
kept amongst the actes of the Comissioners ; and accord-
ingly is left on file at Plymouth ; and this following let-
ter was sent to the Gouernor of Road Hand :

Loueing Frinds and Naighbours :

Wee haue lately Receiued Information and Complaint

administrators, and assigns, surrender up all right, title, claim or interests
whatsoever to the said land, or any privilege appertaining to the said land
fully instating the said William Vaughan, Eobert Stanton, John Fairfield,
Hugh Mosier, James Longbottom and their associates, their heirs, executors^
administrators or assigns, to the said land and proprieties thereof, to the
worlds end. In witness whereof, T, the said Sosoa, have set to my hand and
seal, the year and date abovesaid.*

The mark of 'ZZlZli SOSOA. ViT^l

Sealed and signed in presence of
Jeremy Clarke,
Latham Claeke,
Hexry Clark,
Awashwasu r— his mark.
The mark "W of Nucum, Interpreter,
George Webb,
George Gardixer.

* The records from wMcli this is copied, contain many testimonies confirming the
purchase of these lands from the Indians, all whicli are printed by Mr. Potter in his
History of Narragansett, R. I. Hist. Coll. Providence, 1835, p. 2-12.

452 RECORDS OF THE COLONY OF RHODE ISLAND,

1G61. from the English and Indians our Subjects, that seuerall
--*'"^'""*-' of youer Inhabitants begine to plant and settle themselues
(vpon what pretence we know not) neare Pautuckett, and
the Pequot Contrey being the vndoubted Right of those
English Collonies that Conquered that bloody Nation, and
some yeares since that part of the Countrey was assigned
by the Comissioners of the vnited Collonies to the Gouer-
ment of the Massachusetts for theire share and Interest in
tliat Conquest, and by them disposed of in Townshipes and
farmes ; w^ee cannot therefore but account the Intrusions
of youer people to bee uery Insolent and Injurious to all
the Collonies; but especially to the Massachusetts, whom
it doth more imediately concerne, and doe hereby protest
against the said persons and theire proceedings, hopeing
youer Gouerment will neither owne nor countenance such
vnrighteous dealings ; but will with vs protest against the
same, and cause youer people to desist ; that soe peace
and good agreement may bee preserued betwixt youer
selues and the vnited Collonies ; if any doe pretend
Right vnto and Interest in the said lands, they may make
knowne theire clainie to the Gouernment of the Massa-
chusetts, where they wilbee equally heard and answared,
the neglect wherof, and persisting in the aforsaid proceed-
ings, will vndoubtedly cause a suddaine breach betwixt
youerselues and vs, which wee desire may bee pre-
uented ; seuerall alsoe of the Sachems of Nianticke and
Narragansett, viz.: Moses allis Sucqcash Ninnegret Stul-
cop and Weeweekeuett, allis Gedion, pretended att our
. meeting a protest against Samuell Wilbore and his Com-
panie, for theire injurious possessing themselues, as they
aledge, of a certain Tract of land about Point ludith,
vpon pretence of purchase, which the said Sachems vtter-
ly deny, desireing that incase Wilbore and his Companie
will not submit the said difference betwixt them, the said
Sachems to a faire tryall before eqvall and Indifferent
Judges, which it seemes they haue Refused that it may
not bee ofFenciue to vs, that they driue away theire Cattle

AND PROVIDENCE PLANTATIONS. 453

and force tliem to desist ; of this wee thought meet to 1G61.
giue you Intelligence, requesting youer care and best '-^'"•''■'*^
Indeauor to keep youer people from Injuring the heathen
or others which they may draw vpon youer selues and vs
vncomfortable consequences. Wee shall not farther de-
taine you att present, but Eemaine youer louing Frinds,
The Comissioners of the vnited Collonies.*

THOMxYS PRENCE, Presedent.
Plymouth, the 13. Septem; 1661.

* From the files of the General Court of Massachusetts.

RECORDS OF THE COLONY OF RHODE ISLAND,

Additional papers relating to the jurisdiction of the Pequof
Country.

Protest of the Narragansett Indians against Samuel Wildbore.

Wemosit, otherwise Suckquansli, Ninccraft, Quequakanut, otherwise Gid-
eon, Chiefe sachems of the Narragansetts and Neantick countrie, having re-
ceived much injurie by Samuel Wildbore and others of his conipauie, they'pre-
tendiug titel to Point Jude and other lands adjoining, and have endeavoured
to possess themselves forceably of the same, both by building and bringing cat-
tell, we having given them warneing to the contrary, and they not taking
warning, nor iudeavoured to theire cattell from all the lande, but, on the con-
trary resisting, and one of their number presuming to shoot off a gun at us.
Now we knowing that we have not sould them any land there, and being thus
injuriously dealt with withal by them, we are forced to make complaint to your-
selves by the Commissioners of the United Collonies, hereby protesting against
the said Samuel Wildbore and companie for thsir so unjust actings, and crave
that this, our protest, may be received by you, and kept upon recorde by you
as our acts and deeds, and crave that it may not be offensive to any English,
if that Samuel Wildbore and his companie will not come to any faire trial
either before yourselves, or some other indifferent judges, if then we endeavour
to drive their cattle away, or take any course whereby we dispossesse them.
That this our acte and deed we have put to our marks and seals in the presence
of these witnesses, this ninth of September, 1662.*

PowTUCK, (3 his mark. Y^ mark of Nineckaft -,- .

Y' mark of Bijieleck, Ruben Millis R

^ Interpreter. interpreter.

Y° mark of Ecoxickamuck. Y^ mark of Scutabe L^^^
V alias Joun, interpreter.

Y" mark of Joiix Lipott 1.

Y' mark of QuEQUEGusEWET, '1^ alias Gideon.

Y" mark of Masipe mok alias Susquansii.

[Additional papers connected with the dispute as to the jurisdiction of lands
in the Narragansett country, copied from the files of the General Court of
Massachusetts, and referred to in the official letters of the General Courts of
the Colonies of Massachusetts and Rhode Island, in this volume.]!

* From the files of the General Court of Massachusetts.
t These papers were several since transcribed for the Rhode Island Historicel So-
ciety, from which these copies are taken.

AND PROVIDENCE PLANTATIONS. 455

William Chesbroiigh and his three sons^ tcstlmonij 1661.

The testimony of William Chesbroiigh, aged about C6 years, taken upon
oath the 3d of September, 1661 ; testifyeth that about the middle of Septem-
ber, 16G1, this deponent with three sons, Samuel, Nathaniel and Elisha, be-
iuge all men growue, were occasioned to goe abroad upon his afiaires, and un-
derstanding that divers persons, about thirty six inhabitants of Eoad Island,
were come into the bounds of Southertowne, to lay claime unto the lands on
the east side of Pawciuatuck, with the bounds of Southertowne, to divide and
lay out lotts in the same. This deponent, with his sous aforesaid, repaired un-
to them, at the house of Thomas Shaw, the ordinary keeper (were they were),
and they found divers of them, among whom was principal, Benedict Arnold,
Senior, Edward Dyre and Capt. Cemigrave, unto whom this deponent spake,
demanding the reason of their intrusion into other men's rights ; telling them
those lands were within the bounds of Southertowne, and appropriated to
severall persons. Benedict Arnold and others named, said, in way of answer
many things impertinently, the sum whereof was, that they owned themselves
to be the men that claimed the lands, and said they would keepe possession,
and that they would not try their title any where but in Road Island, or in
England ; and Arnold said that if any should attach him at Boston, he would
lie in prison seven years before he would try the title there.

Taken upon oath the day and yeare abovesaid, before me,

DAXIEL GOOKIX.

Samuel, Nathaniel, and Elisha Chesbrough, afSrmed upon oath to the truth
of the abovesaid before me. DAXIEL GOOKIX.

30th, 7th month, 16G1.

Warrant. To the Constable of Southertowne :

Whereas, wee are informed of sundry rude fellows, that contrary to the
peace of our soveraigne Lord the King, &c., of this Collony, have, in a riot-
ous manner entered upon, and taken possession of the lands of sundry of our
inhabitants in the bounds of your towne. These are to require you, in his
Majesties name to apprehend all such persons, and safely convey them before
some of the magistrates of this jurisdiction, to give an accompt of such their
proceedings ; and hereof you are to make a true returue under your hand, and
not to faile. Dated 25. 8 month, 1G61.

Signed by JO. EXDICOTT, Govr,

EI. BELLIXGHA:\L Dep. Gov'r,
DAXIEL GOOKIX^.

Endorsed, xiccording to the trust coraittcd to me, I have arrested three
men, viz. : Tobias Saunders, Robert Burdett, and Joseph Clarke, which last
upon extraordinary occasion was, by the Commissioners and constable, set at
liberty. Dated the 1st of November, 1661.

WALTER PALMER, Constable.

NARRATIVE.

The im of 9th month [November], 1661.
Present, Mr. John Endicott, Gov'r, Mr. Richard Bellingham, Boston j
Capt. D. Gookin.

456 RECORDS OF THE COLONY OF RHODE ISLAND,

16G1 Tobias Saunders, aud Robert Burdett being brought prisoners by virtue of

a warrant from tlie Governor aud magistrates for a forcible entry and intru-
sion into the bounds of Southertowne, in the Pequot country, upon severall
men's properties, granted to them by the Generall Court of this jurisdiction,
who upon being examined by what order or authority they were there, Tobias
Saunders answered, that ihe Court of Road Island gave liberty for certayne
of their inhabitants to purchase lands of the Indians, and that these lands were
purchased by them. Upon which ground, that they soe came upon the afore-
said lands, being required to shew some order from their court appointing them
to possess those lands, they said they had none. Being asked whether they
had understood that w^arning was given both by the Commissioners of the
United Collonyes aud from the Commissioners of Southertowne to depart out
of those lands, aud out of the bounds of said towne, Tobias answered that they
had heard of such warning. Being asked why he did not desist, Tobias an-
swered, that they lookt upon the lands to be their right, and therefore they
abode upon them, and confessed he v/as upon it when the constable appre-
hended them.

Robert Burdet being examined, acknowledged that he was upon the same
land, and built a small house there, upon the lott layed out to him ; and that
he went upon this designe, upon the sam.e grounds as are declared by Tobias
Saunders.

Tobias Saunders and Robert Burdett being tcld that they must give securi-
ty to the value of one hundred pounds a peece, to answer what shall be ob-
jected against them at the next Generall Court, otherwise to bee comitted to
prison, they refused to find security and were comitted.

Joseph Clarke of Road Island, who was also apprehended in the company of
the two former persons, being all there in company, was released by the Con-
stable upon a very urgent occasion.

Warrant for commitment.

The Keeper of the prison of Boston. You are hereby required to take into
your custody the bodyes of Tobias Saunders and Robert Burdett of Rhode
Island, and them safely to keepe, uutill they find suflicient security, to the val-
lue of one hundred pounds a piece, to answer the next Generall Court, to be
holden at Boston in May next, for forcible entry and deteyningof possession of
lands belonging to the Collony of Massachusetts within the bounds of South-
ertowne in the Pequot country, to the endamageing men's lives contrary to the
peace of our sovereign Lord the King.

JOHN EXDICOTT, Govt,
RICH'D BELLINGHAM,
DANIEL GOOKIN.

All this was read in open Court, which the said Saunders and Burdett
owned in Court to be the truth ; they also owned that they heard that severall
Providence men did lye in wait to intercept and seize y' Constable and Depu-
ty, with such as came with them to prison as they returned, which they had
donnc, but they being gone to dinner missed them.

E. R[AWSON], Secretary.

AND PROVIDENCE PLANTATIONS. 457

Names of those that brought the prisoners, Thomas Minor, Elihu Palmer, 1GG1_
and Elisha Chesbrough. .^^^ .-^c,-

Claim of Connecticut to the Pcquot Counirij.

In the proceedings of the Generall Assemljly of Connecticut, held at Hart-
ford, October 9, 1662, appears the following.

It is ordered by this Court, that y° inhabitants of Mistick and Pawcatuck
shall from henceforth forbeare to exercise any power by virtue of any former
commissions from any other CoUony ; and in case of dirferences that arise,
they repaire for help to y" Deputy Governor, Major Mason, and that they
chuse a constable for the yeare ensuinge, and that the said constable to repaire
to worshipful Deputy Goveruours to take his oath. And they are required
by this Court to pay in unto Mr. James Rogers and Lieutenant Sani'l Smith
and Engsigne Avery, for and in behalfe of the charge of our charter, the sum
of twenty pounds, as their town proportion ; two thirds in wheat, at 43. per
bushel, and one third in pease at 3s. per bushel, by the last of November next.
The Court orders Lt. John Allyn in the name of the Court to send a warrant
to Mr. Thomas Stanton to attend this order, and if he refuse, Peter Blatchford
is to gather your rate and to distrayne according to the order of the Generall
Court. Public Records of Connecticut, vol. i. p. .389.

Extracts from a Letter from Roger Williams to Major Mason, relative to the
jurisdiction of the Pccfcot country.

IMajor Mason,

Fourth. When the next yeare after my banishment, the Lord drew the
bow of the Pequot war against the country, in which, sir, the Lord made
yourself, with others, a blessed instrument of peace to all New England, I had
my share of service to the whole land in that Pequod business, inferior to verv
few that acted, for,

1. Upon letters received from the Governor and Council at Boston, re-
questing me to use my utmost and speediest endeavors to break and hinder the
league labored for by the Pequods against the Mohegaus, and Pequods against
the English (excusing the not sending of company and supplies, by the haste
of the business), the Lord helped me immediately to put mj life into my hand,
and, scarce acquainting my wife, to ship myself, all alone, in a poor canoe, and
to cut through a stormy wind, with great seas, every minute in hazard of life,
to the sachem's house.

2. Three days and nights my business forced me to lodge and mix with the
bloody Pequod ambassadors whose hands and arms, methought, wreaked with
the blood of my countrymen, murdered and massacred by them on Connecticut
river, and from whom I could not but nightly look for their bloody knives at
my own throat also.

3. When God wondrously preserved me, and helped me to break to pieces
the Pequods' negociation, and design and to make,' and promote and finish, by
many travels and charges, the English league with the Narragansetts and Mo-
hegans against the Pequods, and that the English forces marched up to the
Narragansett country against the Pequods, I gladly entertained, at my house

RECORDS OP THE COLONY OF RHODE ISLAND,

in Providence, the Grcneral Stoughton and his officers, and used my utmost
care that all his officers and soldiers should be well accommodated -with
us.

4. I marched up with them to the Narragausett sachems, and brought my
countrymen and the barbarians, sachems and captains, to a mutual confidence
and complacence, each in other.

5. Though I was ready to have marched further, yet, upon agreement that
I should keep at Providence, as an agent between the Bay and the army, I re-
turned, and was interpreter ai:d intelligencer, constantly receiving and sending
letters to the Governor and Council at Boston, etc.

o. Considering (upon frequent exceptions against Providence men) that wc
had no authority for civil government, I went purposely to England, and upon
my report and petition, the Parliament granted us a charter of government for
these parts, so judged vacant on all hands. And upon this, the country about
us was more friendly, and wrote to us, and treated us as an authorized colony ;
only the difference of our consciences much obstructed. The bounds of this,
our first charter, I (having occular knowledge of persons, places and transac-
tions), did honestly and conscientiously, as in the holy presence of God. draw
up from Pawcatuck river, which I then believed, and still do, is free from all'
English claims and concjuests ; for although there were some Pequods on this
side the river, who, by reason of some sachems' marriages with some on this
side, lived in a kind of neutrality with both sides, yet, upon the breaking out
of the war, they relinquished their land to the possession of their enemies, the
Narragansetts and Nianticks, and their land never came into the condition of
the lands on the other side, which the English, by conquest, challenged ; so
that I must still affirm, as in God's holy presence, I tenderly waved to touch a
foot of lapd in which 1 knew the Pecjuod wars were maintained and were pro-
perly Pequod, being a gallant country ; and from Pawcatuck river hitherward,
being but a patch of ground, full of troublesome inhabitants, I did, as I
judged, inoiFensively, draw our poor and inconsiderable line.

It is true, when at Portsmouth, on Rhode Island, some of ours, in a General
Assembly, motioned their planting on this side Pawcatuck river. I. hearing
that some of the Massachusetts reckoned this land theirs, by conquest, dissaud-
ed from the motion, until the matter should be amicably debated and com-
posed ; for though I questioned not our right, <fec., yet I feared it would be
inexpedient and offensive, and procreativc of these heats and fires, to the dis-
honoring of the King's Majesty, and the dishonoring and blaspheming of God
and of religion in the eyes of the English and barbarians about us.

6. Some time after the Pequod war and our charter from the Parliament,
the government of Massachusetts wrote to myself (then chief officer in this
colony) of their receiving of a patent from the Parliament for these vacant
lands, as an addition to the Massachusetts, &c., and thereupon requesting me
to exercise no more authority, &c., for, they wrote, their charter was granted
some few weeks before ours. I returned, what I believed righteous and
weighty, to the hands of my true friend, Mr. V/inthrop, the first mover of my
coming into these parts, and to that answer of mine I never received the least
reply ; only it is certain, that, at Mr. Gorton's complaint against the Massa-
chusetts, the Lord lligh Admiral, President, said, openly, in a full meeting of
the commissioners, that he knew no other charter for these parts than what

AND PROVIDENCE PLANTATIONS. 459

Mr. Williams bad obtaiDed, and he was sure that that charter, which the Mac- 1661.
sachusetts Englishmen pretended, had never passed the table. ^^-v-^-'

7. Upon our humble address, by our agent, Mr. Clarke, to his Majesty, and
his gracious promise of renewing our former charter, Mr. Winthrop, upon
some mistake, had entrenched upon our line, and not only so, but, as it is said.
upon the lines of other charters also. Upon Mr. Clarke's complaint, your
grant was called in again, and it had never een returned, but upon a report
that the agents, Mr. Winthrop and Mr. Clarke, were agreed, by meditation of
friends (and it is true, they came to a solemn agreement, under hands and
seals), which agreement was never violated on our part.

8. But the King's Majesty sending his commissioners (among other of his
royal purposes) to reconcile the differences of, and to settle the bounds be-
tween the colonies, yourselves know how the King himself therefore, hath giv-
en a decision to this controversy. Accordingly, the King's Majesty's afore-
said commissioners at Ehode-Island (where, as a commissioner for this colony,
T transacted with them, as did also commissioners from Plymouth), they com-
posed a controversy between Plymouth and us, and settled the bounds between
us, in which we rest.

9. However you satisfy yourselves with the Pequod conquest : with the
sealing of your charter some few weeks before ours ; with the complaints
of particular men to your colony ; yet upon a due and serious examination of
the matter in the sight of God, you will find the business at bottom to be,

First, a depraved appetite after the great vanities, dreams and shadows of
this vanishing life, great portions of laud in this wilderness, as if men were in
as great necessity and danger for want of great portions of land, as poor, hun-
gry, thirsty seamen have, of a sick and stormy, a long and starving passage.
This is one of the gods of New-England, which the living and most high Eter-
nal will destroy and famish.

2. An unneighborly and unchristian intrusion upon us, as heiug the weak-
er, contrary to your laws, as well as ours, concerning purchasing of lands
without the consent of the General Court. This I told Major Atherton, at
his first going up to the Narragansett about this business. I refused all their
proffers of land, and refused to interpret for them to the sachems.

*********

Yourselves pretend liberty of conscience, but alas i it is but self, the great
god self, only to yourselves. The King's Majesty winks at Barbadoes, where
Jews and all sorts of Christian and Antichristian persuasions are free, but our
grant, some few weeks after yours sealed, though granted as soon, if not before
yours, is crowned with the King's extraordinary favor to this colony, as being
a banished one, in which his Majesty declared himself that he would experi-
ment, whether civil government could consist with such liberty of conscience.
This his Majesty's grant was startled at by his Majesty's high officers of state,
who were to view it in course before the sealing, but fearing the lion"s roaring,
they couched, against their wills, in obedience to his Majesty's pleasure.

Some of yours, as I heard lately, told tales to the Archbishop of Canter-
bury, viz.: that we are a profane people, and do not keep the Sabbath, but
some do plough, &c. Bat, first, you told him not how we suffer freely
all other persuasions, yea the common prayer, which yourselves will not

i60 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. suffer. If you say you will, you coufess you must suffer more, as
we do.

-;<- ********

Sir, I am your old and true friend and servant.

E. W.
To my honored and ancient friend, Mr. Thomas Prince, Governor of Ply-
mouth Colony, these present. And by his honored hand this copy, sent
to Connecticut, whom it most concerneth, I humbly present to the General
Court of Plymouth, when next assembled.

Loving friends and neighbors,

Divers of yourselves have so cried out, of the contentions of your late meet-
ings, that (studying my quietness) I thought fit to present you with these few
lines. Two words I i^ray you to consider.

* * * s * « * * *

Let us consider, if Xiswosakit and Wayuuckcke, and laud thereabout, may
not afford a new and comfortable plantation, which we may go through with
an effectual endeavor for true public good. To this end, I pray you consider,
that the inhabitants of these parts, with most of the Coweset and Nipmucks,
have long since forsaken the Narraganset sachems, and subjected themselves
to the Massachusetts. And yet they are free to sell their lands to any whom
the ISIassachusetts shall not protest against. To this end, observing their often
flights (afud to stop their running to the Massachusetts) , I have parlied with
them, and find that about thirty pounds will cause them to leave those parts,
and yield peaceable possession.

Tours, to serve you,

ROGER WILLIAMS.

27, S, 60 (so called).

Letters from the Ge^icrall Court of Massachusetts to Rhode Island during the
interval of the General! Courts.

Gentlemen and Neighbours :

Upon complaynt made unto us of an injurious disturbance and intru-
sions by some persons pretending to belong unto your government in
claiming and takeing possession of certain lands in the Pequot Country,
with the bounds of Southertowne, the which lands have long since been
granted unto and possessed by sundry of our people, of which disturb-
ance you have already been informed by the Honoured Commissioners
of the United Collonies, as also by the Governour and some other magis-
trates of this Collony, as doth appear to us by the coppies of their letters
presented to this Court, of which at present there hath been no cleere
answer returned from yourselves. Now therefore wee, for our parts be-
ing desirous to prevent future disturbance, and that love and peace
might still be continued between you and us, have thought meet once
more to signify unto you our desire, that by the first opportunity you
would be pleased to give us your full and cleere answer, whether you
v/ill justify any oryur inhabitants in such your proceedings ; or that

AND PROVIDENCE PLANTATIONS. 461

otherTrise on your neglect thereof, we shall be forced to interpret your 1661.
silence as an approbation of them therein, and shall further consider by .^^ -,^^.
what meanes wee may provide for our defence and protection of our peo-
ple in their just rights.

The magistrates have passed this as a letter to be sent to Eoad Island
from this Court, if their brethren, the Deputies consent hereto.
Consented to by the Deputies.

EDW. EAWSON, Secretary.
WILLIAM TOKREY, Clerk.
December 3, 1G61.

Letter from tJu Massachusetts to Rhode Island.

Gentlemen :

Wee have once and againe sent unto you concerning disturbance given
by some of your people to our inhabitants at Pawcatuck or Souther-
towne, in the Pequot country, but have hitherto received no answer ;
therefore being very desirous to prevent the ill consequences of such
proceedings, do againe, by these bearers, Mr. Edward Hutchinson, Mr.
William Hudson and Mr. Amos Richardson, or any two of them, further
signify unto you, that besides what we formerly wrote, we have a Char-
ter and Pattent from the Lord of Warwick, and divers other Lords and
Commons (impowered thereunto by Parliament), of all that tract of land,
from Pequot River to Plymouth line, with power of government there
granted unto the Governor and company of the Massachusetts, their
heirs and successors forever ; which grant is antecedent unto yours from
the said Lords, some months, as may apeare. This we thought meet to
acquaint you with, and hereby to inhibit you or any of yours to possess,
improve or exercise government within any part of the aforesaid tract ;
and that you forbid any of yours to disturbe or molest any of the people
of this jurisdiction, who, either by grant from home or Indian title, or
both, stand possessed or lay claime unto any of the said lands ; but if,
notwithstanding this or former warning, you or yours shaU do contrary,
we do hereby declare and protest against the same, and shall account it
our duty to make good our rights against the unjust intrusions of you or
any of your people by all lawfuU and due meanes. So desireing your
answer by these bearers, with our respects presented.*

Wee remaine, desiring to continue your loving friends and neigh-
bours. E. R[AWSON],

By the name and by appointment of the Court.

Votted, to be sent to the Government of Providence Plantations and
Rode Island, by the messengers above named, as an act of the Council,
to be signed by the Secretary.

Dated in Boston, 8th March, 1662.

From the files of the General Court of Massachusetts.

462 RECORDS OF THE COLONY OF RHODE ISLAND,

iDOl. Letter from the General Court of Massachusetts to Rhode Island.

Gentlemen :

Our affection and peace and a faire correspondence with you puts ua
upon a condescention far beneath our own reason and your justice of our
cause, once more to emit this our last letter to you, concerning the unjust
molestation and intrusion of some of your inhabitants upon the undoubt-
ed rights of this jurisdiction and the inhabitants thereof, in their grants
and possessions in the Pequott and Narragansett country, upon pretense
of authority from your Court and purchase from the Indians ; but pro-
duceing no deed, record, order or coraission for warranting the same,
wherein we conceive they act directly against reason, righteousness, pre-
cedent, grant from England, cleere conquests, purchase and possession.

It is not unknowne to yourselves what meanes have been used from
time to time, both by the Commissioners of the United Collonies, by the
Governourand Magistrates, Gcnerall Court and Councill of this jurisdic-
tion, by their severall letters, to desire you to cause your people to desist
from such proceedings, and exert your authority for the suppressing of ^
injustice, )iut to this day I have received no satisfactory or pertinent an-
swer in the premises, which gives us ground to suspect, that you (at
least) indulge them in their proceedings. You may hereby take notice,
that two of your people, namely, Tobias Saunders and Robert Burditt,
being long since taken on the place, and secured by us to answer their
trespasse ; we have now called them before this Court and find nothing
from them to justify their proceedings. This Court hath therefore fined
them £40 for your offence towards satisfaction of y' charges expended in
conveying them before authority ; and that they stand committed to
prison till your fine be satisfied, and security given to y' Secretary to y^
value of one hundred pounds for your peaceable demeanour towards all
y° inhabitants of this jurisdiction for y'' future ; which sum is short of y'
expences and charges to bring them to their triall, for which they stand
committed untill theire fine be satisfied. We have also bin informed
by our messengers to you that you have constituted a constable, and by
a warrant under the hand of your President, require him to exercise that
office at Petacomscott in the Narragansett country, purchased by some
of our people, and within the limits granted to us by Pattent.

We cannot but protest against such injurious intrusions, and shall be
necessitated to provide against them, unless your own prudence do pre-
vent, of which we are not hopeless, supposing your warrant might be is-
sued out before the receipte of a letter from our Council in March last,
which, if it had followed you, would easily have granted to have ben too
hio-h a provocation; and not being recalled after our claime and right so
often made knowne, will put us out of hope and expectation of fair and
friendly dealings.

And we do hereby signify unto you that unless you command of your
inhabitants that yet continue their possessing at Southertowne and Pet-
tescomscott [to leave] before the last of June next, you may expect we
shall not continue to neglect the rclicfc an.l prntoctinn of our people tlius
molested, and shall account it our duty to secure all such persons and

AND PROVIDENCE PLANTATIONS. -i63

-estates of yours as shall bo found within our jurisdiction untill all just 1661.
damages be satisfied. But we heartily and earnestly desire may be ,,_^.>,^,-^^
avoyded by your prudent care and justice, and that peace and good gov-
ernment, may, for the future, be preserved between us. So with our re-
spects to you presented.

We remayne your loveing friends
and neighbours.

E. K., Secretary.

Boston, 10th, 3d mo. 1662.

By order and appointment of y' Clenerall Court of the Massachusetts.
The Magistrates have passed this with reference to the consent of their
brethren y'' Deputies hereto.*

EDW. RAWSON, Secretary.

[In the files of the State Paper office in Massachusetts is found the fol-
lowing document connected with the jurisdiction of the Pequot country,
which, though it appears to be official, is not alluded to in the Rhode Is-
land Records. A copy, transcribed, is among the manuscripts of the R.
I. Historical Society.]

At a Generall Court begun the 20th of May, 1662, holden at Warwicke,
in his Majesty's name for the Collony of Providence Plantations, in the
14th yeare of the raigne of our soveraigue Lord, King Charles the Sec-
ond, of England, Scotland, &c.

Ordered, by the authority abovesayd, that the following prohibition be
signed by the Recorder, and sent unto Capt. Daniel Gookin, and to every
other person that it may concerne, viz.:

Whereas the Court is informed that you, the abovenamed Captaine
Danyell Gookin, or any other person or persons, not having the leave of
this Collony's Court, are endeavouring to force into this jurisdiction and
to take possession of lands within the same at or about Pawcatuck, alias
Mi*quamacott, by building, fencing, planting and otherwise, which your
forceable entrance, being wholly without the leave, and contrary to the
minds of this Collony, is, in a very high degree contrary unto the peace,
crowne and dignity of our Lord the King.

And therefore you, and every of you are in his Majesty's name re-
quired to desist from and forbeare such intrusions on these his subjects
rights and privileges, untill his Majesties express order shall determine
herein ; and if you have begun any buildings, fencings, &c., in the fore-
mentioned tract, you are to remove your habitation and decline and for-
beare any further or future possession, in any pa,rt or parts of the prem-
ises, as you will answer the contrary at your own perill, in case you
refuse or neglect immediately upon the sight hereof to give over your
forceable entry and possession as aforementioned.

Given under my hand, by order of the Generall Court.

JOSEPH TORREY,

Generall Recorder.

From the files of the General Court of Massachusetts.

464

RECORDS OF THE COLONY OF RHODE ISLAND,

16G1. ^^'s Grant of the Northern Tract from the Narragansett Sachem to Gov. Win-
^^^-^ , throp, Humphrey Atherton, and others.

Know all men by these presents, tbat I, Coginaquam, Sagamore or Sachem
of Narragansett, in consideration of that great love and affection, I doe beare
unto Englishmen, espetially Mr. John "Wiuthrop, Governor of Connecticutt,
Major Humphrey Atherton, of the Massachusetts, Eichard Smith, Senior, and
Richard Smith, Junior, of Cocumcosuck, Traders ; Lieut. William Hudson,
of Boston, Amese Richenscn, of the same Boston, and John Tickner, of
Nashaway, Trader, have given and granted, and by these presents fully, freely
and voluntarily, absolutely and effectually give, grant, confirme and make over
unto my said friends one tract of land in my countrey, called by the name of
Wyapumseatt ; Mascacowage, Cocumcosuck and such like be itt conteining
more or lesse, bounded by the brooke or river called Muscachowage, on the
south-west ; the common path or way betweene these on the northwest on
northbounds, and the sea or waters on the south ; to have and to hold the said
tract of land, together with the priviledges of summer feed for their cattle,
makeing of hay in all meadowes, swamps and low ground, without the said
bounds to the norwards to them, the said Governor Wiuthrop, Major Ather-
ton, Richard and Richard Smith, Leift. Hudson, Amos Richenson and John
Tickner, theii-'and every of their friends, their heirs and assigns for ever ; onely
excepted, the Lands in possession of and belonging already to Richard Smith,
Sen'r, which was his proper right, and is expressed by Deed before this Grant,
to be to him his heirs and assignes for ever ; and a neck of Land called Pata-
womuck, included in this sayd grant, which I doe reserve for planting ground
for me and my freinds untill such time as wee see cause to forsake itt, or lay
itt downe ; as alsoe the priviledge of fishing and gathering of Clamms and
other shell fish, all other the premises from the said Rivers or Brooks
Mascacowage, Cocomscasuck sea and Path, and other the Priviledges before
mentioned, to be to their owne proper use and uses, to enjoy and improve as
their owne proper right and interest from henceforth for ever ; and I, the said
Cogimaquon, by this my Deed of gift, sealed and delivered, and possession of
the said Land before the wituesse hereafter mentioned, doe ratifie and confirme
the same, aud doe promise the same to defend from all other persons laying
clayme to the same. Dated this seventeenth day of June, 1659.*

The marke of \^ Coginaquox.

Sealed and delivered in the presence of

AwASHOxsE, Indian his marke.

James Smith.

Reuben R. Willis, Interpreter, his marke.

James Smith.

* From tae manuscript collection of John Carter Brown, Esq., copied from the
original in the State Paper office, London, Vol. i. No, IC.

AND PROVIDENCE PLANTATIONS. 465

Deed of Mortgage from the Four Sachems of the Narragansetis to Hiunphrey X661.
Atherton, and his associates.

Know all men bj these presents, that wee, Suckquansh, Nincgrat,
Scuttup and Wegnakaunut, alias Gideon, Chiefe Sachems of the Narra-
gansetts, in behalfe of ourselves and the rest of our associates, do hereby
fully and absolutelj^ give, grant and make unto Major Humphrey Ath-
erton and the rest of his associates and their heires and assignes for
ever, all the landes in our Country, commonly known and called by the
names of Narragausett countrj^ and Cowesett country, excepting those
lands formerly granted within the said country, and are already publick-
ly knowne to be alienated by us, and do hereby engage ourselves, heires
and successors never to alienate, sell, give or make over any part of the
said lands to any person or persons whatsoever, but owne the said lauds
to the proper inheritance of Major Atherton and his associates, their
heirs and assigns for ever, upon condition, the said Major Atherton and
the rest of his associates shall clearely absolutely acquit and discharge
us from an ingagement made by us to the Commissioners of the United
Collouyes for siz hundred fathom of merchantable wampumpeage, to be
paid by us with the charges ariseing thereupon within four moneths after
the date of a certaine writing given Capt. George Denison and Thomas
Stanton in the behalfe of the said Commissioners; alwayes provided, that
if within six moneths after the date of this writting, wee shall well and
truely pay to the said Major Atherton and his associates the full quan-
tity of the said six hundred fathom of good v^ell seized merchantable
wampumpeage, together with what more is due for charges, then this
writting to be void and of none effect ; furthermore, we engage ourselves,
heires and successors, that neither wee nor any of our neighbours or as-
sistants, shall at any time hereafter, sell, give or dispose of any landes
to any person or persons whatsoever, saveing to Major Atherton and his
associates, or their heires and assignes ; and if wee or any of our suc-
cessors or associates shall, at any time after this date, sell, give or dis-
pose of any land within our countryes to any person or persons whatso-
ever saveing to Major Atherton and his associates ; or their heires and
assignes, such sale, gift or disposeall to be voyd. And do hereby ac-
knowledge all our lauds to be forfeited to the said Major Atherton and his
associates, and to be by this writting firmly made over, given and grant-
ed to the said Major Atherton and his associates, their heires and as-
signs forever ; and do hereby promise and binds ourselves, our heires
and successors, to defend the same from any claime, title or interest of
any other whatsoever, from the day of these presents."'^"

In witness whereof, wo have hereunto put our markes and scales this
thirteenth day of October, one thousand six hundred and sixty.

Signed, sealed and de- Suckuansh, his •) —

livered in the presence marke and scale q-

of those witnesses, and Ninegrat, his 7 ^'^^ seal.

Mr. Brown's Collection of Rhode Island Documents, Vol. i. No. 19.

466 RECORDS OF THE COLONY OF RHODE ISLAND,

1661. sealed aud set the marke Scuttup

s marke and seale.

to forWEQUAKAMITT, by

order from him as all the

>Sachems affirme. Scuttup also made 3S» ^ the marke

aud seale ( ) in behalfe of his brother
WiQUANKAMiTT, bj his order.

Witnesses.

POWATUCK -[- his marke

John O his marke,

Indian interpreter.

Valentine Whitman, ? English witnesse

Reuben Willis R his marke. ) aud interpreters.

Letter from Charles the Second to the Collonics.
CHARLES B.

Trusty aud well beloved :

Wee greet you well. Whereas wee have bin given to understand,
that our good subjects, Tho: Chiffiuch, Jno: Scott, John Winthrop, Dan-
iell Deuison, Lyman Bradstreete, Tho: Willet, Eich'd Smith, Edw.
Hutchinson, Amos Richesou, Jno: Alcock, Wm. Hudson, and their as-
sociates, having in the right of Major Atherton a just propriety in the
Narroganset Country in New England, by grants from the native Princes
of that Country, and being desirous to improve it in an English Collony
and Plantation, to the inlarging of our empire, and the common good of
our subjects, they are yet dayly disturbed aud injustly molested in their
possestion and laudable iudeavors by certaine unreasonable and turbu-
lant sperits of Providence Collony of New England aforesaid, to the great
scandal of Justice and Government, aud the emeuent discouragement of
that hopeful plantation, wee have therefore thought fitt hereby effectu-
ally to recommend the Proprietors to your neighbourly kindness and
protection, the proprietors to be permitted peasably to improve their
Colony aud Plantation in New England, willing you to bee on all occa-
sions assisting to them against such unjust oppressions and molestations,
that soe they may be secured in the full and peacablo injoyment of their
said Country, according to the right and title they have to it whearein
we will not douglit of your readyness and care, and shall on all good oc-
casions express how gratiously we accept of your complyance with this
our recommendation, and so we bid you farewell.

Given at our Court at AVhitehall, the 21st day of June, in the fifteenth
year of our Raigne.*

By his Majestys Command,

HENRY BENNET.

This is a true copie, compared with its originall, soe signed and su-
* Mr. Brown's Collecticn of Rhode Island Documents, Vol. i. No. 2G.

AND PROVIDENCE PLANTATIONS. 467

perscribed: To our trusty and well beloved subjects, the Governors aud 1661.
Assistants of the Massachusetts. ^^^-^^-^^

Plymouth, New Haven and Connecticut Colonyes, in New England,
as attests.

EDW: RAWSON,
Sec. of the Massachusetts.

The Generall Court of Election held at Warwick, May the
22d, 1662, being the second Tuesday after the sixteenth
of May.

Mr. Benedict Arnold, chosen Moderator for the Court
of election.

Mr. Benedict Arnold, chosen President ; Mr. William
Brenton next.

Mr. William Feild, Assistant for Providence ; Mr.
Thomas Olneye next.

Mr. William Baulston, Assistant for Portsmouth ; JMr.
John Sanford next.

Mr. Eichard Tew, Assistant for Newport ; Mr. William
Jeffrey next.

Mr. John Greene, Assistant for Warwicke ; Mr. Ran-
dall Holden next.

Joseph Torrey, Generall Recorder ; Mr. John Sanford
next.

Mr. James Rogers, Generall Sarjent ; Richard Knight
next.

Mr. John Easton, Generall Attorney ; Captayne John
Cranston next.

Mr. John Sanford, Generall Treasurer.

Richard Bulgar, Solicitor.

RECORDS OF THE COLONY OF RHODE ISLAND,

The Generall Court of Commissioners for the Collony, held
at Warwicke, Mmj 22d, 1662.

COMmSSIONERS FOR
PROVIDENCE.

Mr. William Feilcl,
Mr. Arthur Fenner,
Mr. Thomas Olneye,
Mr. Thomas Harris, Seu'r.
Mr. William Harris,
Mr. William Carpenter.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. Peter Tallman,
Mr. William Baulston,
Mr. John Sanford,
Mr. Robert Hazard,
Mr. Francis Bray ton,
Mr. Thomas Greene.

COMMISSIONERS FOR
NEWPORT.

Mr. Benedict Arnold,
Mr. William Dyre,
Mr. John Gould,
Mr. John Crandall,
Mr. William Weeden,
Joseph Torrey.

COMMISSIONERS FOR
WARWICKE.

Mr. John Smith,
Mr. John Greene,
Mr. John Weeckes,
Mr. Samuel Gorton,
Mr. Eandall Holden,
Mr. James Greene.

Letter from
Massachu-
setts.

Committee
to reply to
letter from
Massachu-
setts.

JMr. Benedict Arnold, chosen Moderator.

Voted, that the letter that are sent from the Mathatu-
sitts vnto this Collony, shall be read.

Ordered, that a committee shall be chosen to draw up
an answer to the letter sent from the Mathatusitts to this
Collony, which is three of each towne ; for the Towne of
Providence, Mr. Thomas Olneye, Mr. Arthur Fenner and
Mr. William Feild ; for Portsmouth, Mr. William Baul-
ston, Mr. John Sanford and Mr. Peter Tallman ; for
Newport, the President, Mr. William Dyre and Joseph
Torrey ; for Warwicke, Mr. John Greene, Mr. John
Weeckes and Mr. John Smith.

AND PROVIDENCE PLANTATIONS.

Letter to Massachusetts about the jurisdiction of the Pequot
and Narragansett countri/.

To Mr. Edward Rawson, Secretary, to bee presented and
communicated to the much honored John Endicott,
Esq., Grovernor, &c., to the Generall Court of Deputies
for the Massachusetts Collony, these :
Honored Gentlemen :

Yours of the eighth instant, per Captain Letter to
William Hudson, wee have received, in the which we seusaLut

the Narra-

perceive your frame of spiritt much disturbed and full of sa°sea
anymosity against us, which we conclude doth chiefly
proceed through misinformation and misapprehension
touching y"" grounds and reasons of proceedings ; the
which being truly understood by you would persuade you
to a more charitable construction of our transactions ; and
to that end we heartily desire you may by these few lines
be so clearly informed, as to be convinced of y*" justice
and necessity of our resolution to preserve and defend the
privileges of our Colony.

And gentlemen, whereas you complaine of the unjust
molestation and intrusion of some of ours upon your rights
in the Pequot and Narragansett country. Wee do assure
you, that as yett we cannot find that any of ours have made
any particular clayme to any part of the Pequott country ;
we being clearly informed that y' furthest southwestward
that any of ours have yett in particular purchased and
posessed is to the eastward' of Pawcatuck River, and was
never accompted the Pequott country or any part thereof.
However, we must own that our Charter gives us power
of jurisdiction to the Pequott country. And further, we
pray you to understand that those of ours who have be-
gun to improve y'' lands on this side of Pawcatuck River
aforementioned, have y° aprobation of y® Court so to doe ;
only and always provided they have made fayre and hon-
est lawful! purchase from the native owners thereof;

470

RECORDS OF THE COLONY OF RHODE ISLAND,

1662. ^j^j(3|^ -f otherwise, they have mtrucled on their rights,
'^'•"'"^the agreaved party expect relief in our Courts of Justice
upon complaynte. And we cannot blame these two
neighbours of ours, viz.: Tobias Saunders and Robert
Burdett (whom you have imprisoned), for not producing
their deeds and others, for possessing the lands within this
jurisdiction ; as in order to plea before any court in this
country, saveing unto our courts of judicature, to which
they are also bound in faythfulness of their allegiance to
his majesty of England, his crown and dignity, to be re-
sponsible in these occasions.

Neither have they as you conceive acted against reason,
righteousness, former grants, &c.; for as much as former
grants doth warrant our purchasing and planting within
this jurisdiction, by virtue whereof we have for above
eighteen years past had quiet possession of the Narragan-
sett Bay and country, and cannot but admire y' reason of
your so late clayme to our so undoubted rights of jurisdic-
tion and plantations. Especially considering that you
have by a more particular and especiall instrument from
your Lords Commissioners for Foreign Plantations under
his Majesty, our Sovereign Lord the King, been absolutely
prohibited from entering upon any part of this jurisdiction
by our charter given us, and have so playnly forbidden
therein. Only we have such an expression on our minds
of your honourable conclusions, that we very much ques-
tion whether or no you have had the perusall of the sayd
prohibition, which was delivered unto your honourable
G-overnor about sixteen years ago, and may happily either
be lost, or in some custody so obscure, as that you have not
had the least hint thereof. And therefore, worthy gen-
tlemen, we have for your cleere information, herewith
sent you a copy of the sayd prohibition, not doubting but
that upon your knowledge thereof, you will, in all ready
compliance thereunto, take care that by any countenance
of yours, we shall be no further agrieved by any who
would in that kinde intrude upon our lands and priviledg-

AND PROVIDENCE PLANTATIONS.

471

es ; and furthermore, we are fully persuaded that you will 1662.
also be fully convinced that we, as becometh your fellow '^-^"■^'^*
subjects, dare not decline the preservation of his Majes-
ty's peace, and render him the rights and priviledges of
his loyall subjects in this colony, with which we are so
much betrusted, until the further express order from his
Majesty, to whom we declare ourselves in true allegiance
bound to all ready and faythfull obedience ; and from
whom, upon the certayne knowledge of his royall justice
we humbly expect protection and reliefe, the considera-
tion whereof has caused us, as is our bounden duty, to
make our humble addresses unto his Majesty for his fa-
vourable continuance in our just defence. And therefore,
whereas you hint that upon the knowledge of our resolu-
tion to persist in the not calling off our inhabitants from
Pattuckomscutt, or other parts of our charter's limitts
before the last of June next, you resolve to secure our
duty in obedience to that trust under his Majesty, our
soveraign Lord the King, to us committed for the con-
serveing his Majesty's peace, and his subjects just rights
within this coUony, to adventure persons and estates.
We have no cause to suspect but that both our persons
and estates may be as secure within your jurisdiction as in
any other parts of his Majesties forraigne plantations, as
believing justice and righteousness will be so much before
your eyes, not to desire, much less to take away any of
his Majesties subjects rights or proprietyes to you not per-
tayning. And now respecting the bonds of civility, we
cannot conclude without one word of satisfactory account
concerning the premises, either that from the other
Commissioners of the other Collony, or those from your
honoured Court, Councill or magistrates, to which you
declare noe particular answer, as heretofore hath been by
us returned, as you expected we should have done ; soe
it was that all those letters coming in the interval of
Courts, and none here being soe fully cappacitated with
the Collony's minde and authority, as to returne their au-

472 RECORDS OF THE COLONY OF RHODE ISLAND,

1662. thenticke results iintill y® Generall Court of Election and
^■^"-^^^'^ Commissioners now by order mett ; nor without much
trouljle, could in the interim call an espetiall court, hath
been one reason why noe sooner a returne hath been
emitted to your view. And yet also, whereas by your
magistrate's letters dated at Boston, by the Secretary,
the 25th of October, 16G1, they desired us to forbid the
proceeds of our neighbours about the lands neare Pe-
quitt, aforementioned, and in case they would not obey
our commands therein, that then your Magistrates should
themselves be excused in case they proceeded against
them. Wee find by comparing the date of the warrant
(by which they fetcht our sayd neighbours to prison), to-
gether with the aforesayd letter, that at the same instant
the letter was written to us, the warrant was, by them,
alsoe given out ; and we heard of the execution thereof
before the sayd letter came to our President's hands,
which was in a few days after it was written, by which
your magistrates anticipated the consideration of their
own demands, if we had otherwise been cappacitated to
have any way accommodated them therein, which sayd
proceeding we have very much reason to resent, as being
not advised of the grounds thereof, whereby wee should
be induced to approve it.

~ And now, much honoured and beloved gentlemen, and
worthy friends and countrymen, let us only add this one
word for a conclusion, to avoid the prolixity of multiply-
ing many other expressions unto you, wee doubt not but
that upon the perusal of the enclosed and these present
lynes upon the consideration of the present season where-
in both your honoured selves and us, may reasonably ex-
pect a very speedy returne from his JMajesty, intimating
his royall will and fjleasure in reference to both your own
and our humble addresses formerly made and presented as
touching our mutuall comfort and well being here, in
these remote parts, under his gratious government and
protection, will effectually persuade with you that this is

AND PROVIDENCE PLANTATIONS.

473

not a time for you to bee soe earnestly pressing upon us 1662.
to decline that charge in any measure, which, as you may '-*'^^'""*-^
clearly see, is comitecl unto us ; but in all loveing and
peaceable manner to attend the former, and to expect the
future pleasure of his Majesty in these affoyres, not per-
sisting any further to grieve us by force used against us,
or any of ours within the bounds of our charter, without
express order from his Majesty, at whose gratious dispose
wee are all humbly devoted. And soe in expectation
(Honored Gentlemen), of your courteous reception of, and
and loveing answer unto these few lines now by these
friends thereof, Mr. John Greene and Mr. John Sanford,
wee rest.*

Your very loveing and respected
friends and neighbours.

JOSEPH TORREY,
Generall Recorder ; in the name
and by order of the Generall
Court of the Collony of Provi-
dence Plantations.
Dated May 22, 1662.

There being two bills presented, there is a second com- committee.
mittee chosen to consider and draw vp their thoughts on
them, which is : for Providence, Mr. William Carpenter
and Mr. Thomas Harris ; for Portsmouth, Mr. Robert
Hazard and Francis Brayton ; for Newport, Mr. John
Gould and John Crandall ; for Warwicke, Mr. Randall
Holden and Mr. James Greene.

Voted, that the President be desired to read the letter
that is drawne up for the Mathatusitts Court.

Ordered, that two men be sent with our letter to the ^f/^°
Massatusitts, and to reson with them as they see cause
according to their instruction.

* From the Massachusetts State Paj^er Office.

gers
sent to Mas-
sachusetts.

474 RECORDS OF THE COLONY OF RHODE ISLAND,

1662. The messengers chosen to be sent to the Bay, are first, '
^'^""^^"^^ Mr. John Greene ; the second, Mr. John Sanford.
Ster'^r'ead' Ordered, that the letter that hath bin drawne vp by the
Presedent and read, be sent to the Court of the JMassa-

tiisetts.

Mr. Arno.d's

thJme's'sen- "Vpon the considcration of the messengers (to wit), Mr.

"''■ John Greene and Mr. John Sanford, that are by the au-
thority of this Court sent vnto Boston vpon the Collony's
account, the Court doe order that what monyes they sha,ll
expend upon the jornie, they shall charge upon the public
treasury. And forasmuch as it doth apeare in Court that
Mr. Arnold hath given a bill of fortye shillings in silver to
suplie the aforesaid messengers, it is ordered, that Mr.
Arnold shall agayne be payd out of the generall treasury.
Vpon the motion presented concerninge jury men, or
acceptions against them ; it is ordered, that no jurymen
that are chosen by the townes to atend the CoUony Courts
of Tryalles, shall be accepted against for that reson, only
because hee or they have formerly served as jurymen on
that cause before.

Vpon the consideration that peage is fallen to so loe a
ratte, and it cannot but bee judged that it is but a com-
modity, and that it is vnreasonable that it should be forced
vpon any man ; it is therefore ordered, that henceforth
from the time that this order shall stand and bee in force
according to order, that all fines, rates, fees, damadges
and cost of court in all actions, shall bee accounted and
payd in current pay, according to marchant's pay ; or as
pay doth passe betwixt man and man at money price ;
and this law to stand in force, any former law to the con-
trary notwithstanding.

Whereas, ther are granted leave to severall of his Maj-
esties subjects, being neighbours, members and inhabit-
ants of this jurisdiction, to purchase and plant at any re-
mote parts in this jurisdiction, as Miscomacott, Petacom-
scott, &c.; the Court doe hereby owne and declare, that
it is the President's, or any Generall Assistant's power

aiiv to shev
a tit!«
land.

AND PROVIDENCE PLANTATIONS. 475

and duty, at any time as occasion requireth, to constitute 1662.
a constable or constables of those sayd inhabitants, to ^>-*'^v-i*-'
keape the king's peace theare, and to aprehend offenders,
or doe any other thinge proper to the constable's office,
and to bringe offenders to the most convenient or nearest
place wheare President or Generall Assistant resideth, to
be examined and proceedeth with legally.

The Court havinsre taken into serious consideration the ^hree years

CI given for

manyfold vexations and contest that doe evidently present TJueof
themselves in all likelyhood of reason to arise betwixt al-
most all the people within this jurisdiction concerninge ti-
tles of lands, the which doth in too great a mesuer alredy
breake forth by vnreasonable claimes of some, who have-
inge either themselves or predesessors sold or exchanged
lands, either lately or for many years since, and the
now possessors of such landes, they or their pre-
decessours neglected to take sufficient deeds, or any
thinge at all in writinge to shew to posterity how those
lands came into their possessiones, the first owners or
their successours either out of simplicity or ignorance of
their predecessor's acts touchinge the disposall of the
land, or out of a covetous desier to defraud those who are
in possession of lands lawfully bought, for which they have
no deeds to shew, or any memorandum in writtinge there
for ; altho the desier of such unreasonable persons are con-
demned in ther own conscience, as knowinge they have
sould, exchanged or otherwise passed away the sayd
landes, yett cease not to lay claime thereto, and yett re-
fuse and neglect any lawfuU progresse of compromise or
law to try and cleare the title, away ting for advantages
untill paseges are out of mind, or witnesses gone, where-
by they may have opertunity to efect theyr wicked de-
signes, to the great damadge of such as have been at
great charges since they have had such lands in posses-
sion, in buildinge, plantinge, and otherwise improveinge
the same, that the landes, with such improvements may
31

476 RECORDS OF THE COLONY OF RHODE ISLAND,

1662. be some above an hundred times more worth than at first,
■-^^^^"^•^ and yett are lyable to be wrested from them or ther pos-
terity ; some haveing frequently thretened that tho them-
selves will not sue for such lands, as they know are not
theirs, but are the possessors rights, yett they will leave
it a charge to their children or posterity to wrangle and
contend for the same, the inconveniences whereof will,
without all question, prove most cruell and without end,
except some speedye course bee yett taken to prevent the
same, and to settle such afaires by an act of the Collony.
And vpon the full and reall sense thereof, the Court hath
enacted and doth hereby enacte, that what person soever
livinge and beinge within this Collony, at the time of the

fandTmay pubUcatiou of thls law, having a desier or layeth claime
session, j.^ ^^^y j^j^^ qj, lauds, howsc or howses, and such other
possestions as are in the possestion of any other person or
persons whatsoever, within this Collony ; the said person
desieringe, claiminge or pretendinge to dispossese the
possessour thereof, shall, before the last of June in the
year 1663, have his or their recourse to a due course of
law for triall of the title of all such possestiones, and fol-
loe it in a due progresse of law vntill a judgment of Court
passe thereupon. And if noe such due course by such
pretenders be as aforesayd in the foresayd space of time
taken to clear the title, then the present possessour shall
have [these] lands and such aforesaid possestions recorded
in either the towne or generall records, them, ther heires,
etc., to enjoy as their owne for ever. And no such pre-
tendinge person shall have any wager against them for
the same afterward, if hee or they neglect to sue within
the time prefixed ; and as for such as may be out of the
collony at the time of the publication thearof, and layeth
claime as aforesayd, if he or they be in any of the collonies
aro^'abTe^nt'' about US, or wlthlu two hundred miles of this Collony, he
!ioZn^^ or they are alowed one whole yeares time longer and noe
more, to begin a due course of law as aforesayd, to cleare

AND PROVIDENCE PLANTATIONS. 47T

the tittle, which neglecting, then the possessour shall be 1662.
secured in said possession as aforesaid ; and for such as ^-^-v-<^^
are beyond the seas, either in Barbados, England, or such
remote parts at the time of publication hearof, and hath a
desier or claime to any such possession in other custodye
as aforesayd in this GoUony, he or they soe absent, shall
have two whole yeares space longer, and noe more than
[the] first sort aforesayd, to begin a due progresse at law
to cleare the title. But neglecting in that space of time
soe to doe, hee or they shall never after molest the pos-
-sessours in such ther now present possestions, but the said
present possessours shall be secured by the record as is
above prescribed.

The forme of which record shall be as followeth. Forme of re-

cording

Whereas A — — B -, standeth possessed of such or j^w'^^^o^e en-
such land or lands, howse or bowses, within this Collony, '^'^''^^^y^-
in this towne, &c.; and that his deedes or writtinges are
lost .... or that they never had any ; or if they
have any, for want of care have not been made licke ac-
cording to law ; yett being and standinge possessed
thereof at the publication of the aforesayd law, they are
hearby declared his or ther true and vndoubted possession
for him or he, his or thear heiares, &c., for ever.

And yett it is hearby to be vnderstood that such as are
in possestion of any such possestions as lands, bowses, or-
chardes and tenements as tenants to other the owners,
either by lease or otherwise, may not hearby bee vnder-
stood to have power to keepe out ther landlords out of
ther sayd possestiones when the time agreed vpon betwixt
them or ther predecessors shall be expired ; as also any
Indian sachem or other Indians as have sold ther lands to
English men of this collony ; and yett as is ther usuall
manner deny the sale and keepe the lands in possestion,
and by reason of ther potency, faction, conjunction with
some others cannot be without great inconveniences
brought to a so speedye course of tryall as before pre-

478 RECORDS OF THE COLONY OF RHODE ISLAND^

1662. scribed ; therefore the Indians [shall] claime no priviledge
^-^'^v-^-'by this acte in that case, but shall be able at any time
hereafter, in such matters to be proceeded with in course
of law at convenient season, when ther may be a more
cleare power to cause ther due obedience to law and
[right]. And moreover, whereas men of other collonyes,
and such as joyne with them therein in any part of this
Collony without due admition into and leave of the Collo-
ny, to purchas land of the Indians within this jurisdiction,
have or shall force in amonge vs or vpon any lands in the
Collony by pretence of purchase or gift from Indianss,
although the sayd Indianss or other Indianss, true owners
of the sayd land have formerly given or sold the sayd
lands to members of this Collony ; but by potent and vio-
lent menes, the sayd foreyners intrude vpon and possese
the sayd, or any of such sayd lands by pretence as afore-
sayd from Indian title, which, by reson of ther present
abettours from other Collonyes cannot within the foresayd
terme of time be compelled to a legall atention to a due
course of law ; the sayd forreyners, intruders and ther
associates, though alredy possesed therof, shall have no
priveledges by the former act, but are liable to answer the
triall of title, when the perticeler parson, towne or townes
of the Collony agreaved shall see conveniante opertunity
to sue for ther rights against them, and when the Collony
be in a full capacity to relieve the opresed against such

mortgaged intrudcrs. And forder, it is hearby enacted, that if any
mortguages of lands be alredy made, and by neglect or oth-
erwise not yett forfited, that then the same time be time
alowed for prosecution of a mortguage after it is forfitted
before the land be recorded to the present possessour, as
is in order prescribed to others abovesaid from the time of

Time before this Court ; that is, thirteene mounth for such as are in

.forfeited.

the collony, and two yeares and a mounth for such as are
within two hundred miles of the collony; and three
yeares and a mounth for such as are in England, or such

AND PROVIDENCE PLANTATIONS.

479 /\|

remote parts beyond the seas ; meauing from the date of 1662.
the forfituer of such mortguages ; and this act to stand in ^--"-"v-^*^
full force, any other law or lawes, clawse or clawses in
any other law to the contrary notwithstanding.

Vpon the consideration of the occations that may be Relative to

A '> the messen-

presented or occationed by the returne of our messengers g'^^sachu-
that are sent to the Mathatusetts ; it is ordered, that this^*"^''
Court be adjourned vntill the last of June, vnlesse the
President and majour parte of the Assistants see cause
to call it rather, and if ther should be ocation, they have
power to call it at anytime before ; and if ther be not,
between this and the time prefixed, no letter from the
President goes forth, it is afterwards left to the Generall
Counsell, according to ther discression, as they see cause.

Whereas, divers inconvenianceyes hath fallen out inSS^
this collany by reson of the ambiguity of some lawes con- fng^cuJns.
corning demures, it is thought fitt, and by the authority
of this Court ordered, that from henceforth noe playntifife
shall be admitted a demurr ; but if a playntiffe commence
his action against the defendant and doth 'not make his
due preparations for tryall according to the date of the
writt, and hath a mind to withdraw his sute, he shall then
give notice into the recorder's office at least tenn dayes
before the Court, and so is none-sutted for that Court to
which the writt beares date, and shall pay cost to the de-
fendant for any thing that is properly due at the with-
drawinge ; alsoe it is ordered by this present Court, that
a sutte being commenced in the office, if the defendant
have a minde to demurr that Court, hee or his Atorney,
shall, eight dayes before the Court enter his demurr in
the Recorder's ofi&ce, that soe the playntiffe or his Ator-
ney may take cognizance therof ; and if hee neglect soe
to doe, then tryall shall proceed without delay ; this law
to gtand in force, any other law to the contrary notwith-
standing.

Ordered, that the Recorder shall have fifteene shillings
of each towne for each copie of this Court orders.

RECORDS OF THE COLONY OP RHODE ISLANB,

The Court of Commissioners that was adjourned May the
26th, being called agayne, setts June the 17th, 1662.

COMMISSIONERS FOR
PROVIDENCE.

Mr. William Feild,
Mr. Thomas Olneye,
Mr. Arthur Fenner,
Mr. Thomas Harris,
Mr. William Harris,
Mr. William Carpenter.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. William Baulston,
Mr. John Sanforcl,
Mr. Robert Hazard,
Mr. John Bridges,
Mr. John Tripp,
Mr. Thomas Greene.

COMMISSIONERS FOR
NEWPORT.

Mr. William Brenton,
Mr. Benedict Arnold,
Mr. William Dyer,
Mr. John Crandall,
Mr. William Weeden,
Joseph Torrey.

COMMISSIONERS FOR
WARWICK.

Mr. John Smith,
Mr. John Greene,
Mr. John Weecks,
Mr. Samuel Gorton,
Mr. Randall Holden,
Mr. James Greene.

The President chosen Moderator.

A hundred
pound sterl'
iag to be
raised for
John
Olarke.

Ordered, that Mr. John Clarke's letter sent to Mr.
Brenton shall be read.

Ordered, that the first thing that shall be pitched
on and agatated shall be how to rayse suplies for Mr.
John Clarke.

Ordered, that whereas ther was forty e odd pound sent
to Mr. John Clarke our agent in England, it is now^or-
dered, that one hundred pound starling more be sent him
vnto England, and to that end it is thought fitt that two
hundred pounds be raysed in silver pay to accomplish it.

AND PROVIDENCE PLANTATIONS. 481

Ordered, that these moneyes shall be raysed by rate. 1662.
There beinge a former order for the contributinge to ^-^^^-^^"^
Mr. John Clarke, which was divided to the fowre townes to«'"e's prc-

' portion.

according to their proportion, it is now ordered, that eighty
eight pounds be added to that [which] is thus ordered ;
[of which] Newport is to pay one hundred twenty nine
poundes ; Providence, fiftye five pound, ten shillings ;
Portsmouth, fiftye five pound, ten shillings ; and War-
wick fortye eight pound ; and wheras ther are severall
that have alredy payd toward it ; it is ordered, that
all such sumes shall be offsett vpon all such person's
accounts.

Ordered, that the Grenerall Sargent be deputed, or his Th|Gener^-
debete [deputy], and authorized to destrayne on all such ^^y^^'/;^
mens' goods as refuse to pay the rate throughout the hole '^'^ ''''^'
CoUony, and that he shall have five shillings vpon the
pound for every pound that hee shall take by distraynt,
which he shall take over and above each man's rate ; only
each towne shall have ther liberty in ther own way to gyt
in such rates in ther towne by ther own authority, either
by distraynt done by ther officers or otherwise, provided
the sayd be payd and broght in to those that are to re-
ceive the same at or before the time by the Court apoynt-
ed ; which sayd rate is to be payd in beefe, porke, pease, fnfpea^i''^
and wheat, at such prices as it then goeth to the mar-ceived.
chants as moneye pay ; and if any then see cause to pay
monye, hee shall have liberty to redeem forty shillings of
his other rate, by thirtie shillings of New England coyne,
or by two and twentie [shillings] and six pence, old Eng-
land coyne ; and soe in proportion for bigger or lesser
sumes. And in case the townes neglecte to gather in and
pay the rate before the tenth of December next, then the
Generall Sargent shall destrayne as above, and a coppie
of this order vnder the Recorder's hand shall be his suffi-
cient authority soe to doe, and hee to pay the same mo-
nyes to those it belongs unto.

An ingagement by eyght of the men of Warwicke that

482 RECORDS OF THE COLONY OP RHODE ISLAN1>,

1662. tliey will vndertake to cleare what is ther proportion, and
-^*-^^*-' to send it for England ; the names of the men are : Mr.
mentsofcer- John Smith, Mr. John Greene, Mr. John Weekes, Mr.

tain of the ' ' '

fione'^s!' Samuel Gorton, Mr. Randall Holden, Mr. James Greene,

Mr. Walter Todd, and Mr. Thomas Greene.
Sm provu T^^ second ingagement for the towne of Providence,
5ie°d|ed to that eight of them doe ingage to pay in to whome the
Court shall apoynt, what is to be payd by the towne of
Providence. The names of the men are : Mr. William
Feild, Mr. Thomas Olneye, Mr. Arthur Fenner, Mr. Wil-
liam Harris, Mr. Thomas Harris, Mr. William Carpenter,
Mr. Zachery Roades, and Mr. Stephen Arnold.
Engage- Tho third ingagement by the Towne of Newport, that
ftwt. ^^^y ^^^^ ^^^ ^^^^ ^^^^ ^^ vnpaid of what is levied in ther
towne, and to send it to Mr. John Clarke, according to
order. The names of the men are : Mr. William Bren-
ton, Mr. Benedict Arnold, Mr. William Dyer, Mr. John
Crandall, Mr. William Weeden, and Joseph Torrey.
Engage- For Portsmouth, are ingaged : Mr. William Baulston,
pa?tof° ^ Mr. John Sanford, Mr. John Bridges, Mr. John Tripp,

Portsmouth. ' .

and Mr. Robert Hazard, who ingageth to see sent the re-
maynder of ther proportion to Mr. John Clarke, which is
yett vnpayd : and further it is ordered, to acquaint the
severall Townes that forasmuch as wee have received a
letter from Mr. John Clarke, our agent in England,
wherein he declareth that our affayres are in a forward
way to be efected theare to the great comfort of the Col-
lony, and that monyes only are wanting to mannadge the
matter, for the suply whereof the abovesayd rate is order-
ed : but seeing that particular parsones cannot pay the
rate vntill come be ripe and marchantable, and cattel be
fitt to kill, and that ther is a necessity in the mene time
to send the sup ply es to Mr. Clarke, for that the rate can-
not be gathered time enough, therefore the parsons com-
missioned in each towne above named saw a necessity for
the honor, safety and ease of the CoUony, to engage for
the present supply and to stay for the same vntill the rate

Letter to
Massachu-
setts too late
for the
Court.

AND PROVIDENCE PLANTATIONS. 483

be gathered, which is to be done before the tenth of De- 1662. ^^

cember next. But for the aforesayd present supply, the ^-^-^^-^^

abuv^esayd parsons doe ingage in case they send returnes

by Barbadoes in horsses and the like, that they will agree

wit' some or other, provided it bee vpon the vsuall

termes as is vsed for the transportation of such goods, by

the first vessell that sayles thither ; and soe to agree at or

before the sixth day of July next if opertunity present ;

as alsoe such as send bills or monye, engage to send the

same by the first vessell that goes from the Bay or heare ;

that is to say, within five weecks from after this Court be

adjourned or dissolved, if any possibility so to doe may be

found.

Forasmuch as the letter sent to the Massachusetts by
this Court pr. Mr. Greene and Mr. Sanford, dated May
22, 1662, came too late to the Bay, seeing the Court was'
broke vp before it came, and soe it is not lycke to be pe-
rused and knowne to theire Court and country for severall
months to come, the consequence wherof will bee probab-
ly very offencive. In case that for want of information
they should presse in vpon us in the meane time as they
seeme to thretten, which wee hope they would not doe in
case they weare informed of the grounds of our proceed-
ings ; therefore, it is ordered by the Court, that free lib-
erty is allowed to any freeman of the Collony, to send
coppies of our sayd letter, and of the prohibition therein
mentioned vnto any friends of theires in the Massatusitts,
and alsoe to use all other lawfull meanes by soe publish-
ing the sayd letter, to declare the inocencie of our inten-
tiones and proceedings ; and if it may bee to prevent the
Massatusitts and our other freemen and countrymen about
vs from running themselves into any conveniencye that
may fall vpon them from the powers to which they and
wee are responsible for ther doing wrong, though done for
want of the true knowledge of the state of things.

Vpon a petition of Mr. Edmund Caverly, Thomas Freemen
Ralph, William Burton, James Sweett, and John Sweett, i^uy 'and.

484

RECORDS OF THE COLONY OF RHODE ISLAND,

1662. in behalfe of themselves and ten or twelve more of the free-
^•^^'^^^' men of this Collony, as they expresse by word of mouth,
which petition was delivered or presented to this Court,
it bearing date June 17th, 1662, it concerning the pur-
chasse of land, &c. ; the Court doe grant free liberty and
leave to the petitioners and their sayd associates to make
w purchase purchaso of the natives within this jurisdiction, and to buy
Indians of thcm that are true owners, a tract of land lying to-
gether, and not exceeding fower thousand ackers ; always
provided, it bee such land as is not already granted, or
annexed to any of the townshipes of the Collony by pur-
chase or other lawfull meanes, nor that it be land already
purchased and justly claimed by any other perticular per-
sons, freemen of the Collony or ther successors.
Greene and Vpou pctitiou of Mr. Johu Grecue, Mr. James Greene,
Mr. Thomas Greene, with two others, ther associates, for
leave to purchase land ; the Court doe graunt to them
leave to purchase fifteene hundred ackers according to the
former rule.

Vpon the petition of Francis Derber for to bee sett in
some way to recover his losses, by the Indians firinge his
howse, the answer of the Court is, that they advise him
for his redresse to the law.
General At- Ordered, that in case Captayne Cranston refuse to take
his ingagement to the place of Generall Attorney, then
Captayne John Sanford is constituted to that place ; and
that if it be left to the Generall Attorney to consider and
take especiall care of those prisoners that have made ther
escape, that whoever may be found defective may be pro-
llerill^^^' ceeded against in his Majesty's name for the wronge the

Collony sustayned by such escapes.
L'^nt to write Ordcrod, that the President Mr. Brenton, Mr. Dyer,
Clarke Mr. John Sanford, and Joseph Torrey be desired to draw
tijej'ounds vp a letter to Mr. John Clarke, of thankfullnes, and in-

«f the Char- -C^ '

*"• formation consearninge the bounds of our Collony, and

consearning the severall letters and things that consearnes
our business. And it is alsoe left to them, either to an-

others
have leave
to buy lan(

Francis Ber-
ber's case.

AND PROVIDENCE PLANTATIONS. 485

swer letters that may come either from Boston, or Mr. 1662.
John Clarke, or else wheare, or to call a Court of Com- '^^^"-'^

' ' ^ ^ Maj- call a

missioners, as they see cause ; in which cause of callinge ^o"'''
Courts, Mr. Baulston and Mr. Tew are added.

Ordered, that a prohibition be sent vnder the recorders ^^^|^^^^
hand to forbid Captayne Daniell Hogones his proceeds in
raysing his howse or other intrusions into the lands of
Masscomscott.

Ordered, that the last letter that came from the Massa- Jitfs'a'chu-"'
tusitts be sent to the severall Townes of the Collony. "f"*

Ordered, that the Recorder shall have twentie shillings
for each coppie of this present court orders.

FFINIS.

forbid to
raise his
house.

Petition of John Clarke, Agent of the Colony of Rhode
Island, to the King.

To Charles the Second :

By the wonderfull, provident and gratious disposeing
hand of the most High, of England, Ireland and Scotland,
with the large dominions and territories thereunto be-
longing.

High and Mighty King :

The Humble peticion and representation of John
Clarke, on the behalfe of the purchasers and free inhabit-
ants of Rhode Island, and of the Colony of Providence
Plantations in the Narragansetts Bay, in New England.
Most Humbly sheweth :

That your petitioners were necessitated long since for
cause of conscience, with respect to the w^orship and ser-
vice of God, to take up a resolution to quit their deare and
native country, and all their near and precious relations
and enjoyments therein, and to expose themselves and

486

RECORDS OF THE COLONY OF RHODE ISLAND,

1662. their families to all the hazards and inconveniences, which
-'"^'"^^they might meete with upon the vast and swelling ocean
over which they should pass, or in the barbarous and howl-
ing wilderness to which they might come. That being thus
resolved, they were, by the greately obliging clemency of
your Royal father not only permitted to prosecute the
resolution of theirs, but by singular favours and priviledg-
es bestowed upon them incouraged yours in. That your
petitioners being thus resolved and incouraged after a long
. encounter, with many perils of sea and robbers, w^ere by
the good hand of the Lord safely conducted unto, and
caused to arrive in those parts of America, where for the
aforesaid causes of conscience, and for peace sake, they
were also necessitated to travaill further among the bar-
barians in places untroad and with no small hazard, to
seeke out a place of habitation, where, according to what
was propounded in your petitioners first adventure, they
might with freedome of conscience worship the Lord their
Ood, as they were persuaded.

That being in this wandering posture, in this vast and
desolate wilderness, they were by the provident hand of
the most High, guided to steere their course into the
thickest of the most potent princes and people of all that
country, whereby his wonderfull workeing power upon
their hearts, as a signall token that the hearts of Princes
and people are in his hands, to dispose of as he please.
Your petitioners found them free to admiration, not only
to part with the choicest partes of their territoryes, being
no wayes inferiour, for commodious harbours in all re-
spects unto any parts of that country, but also to quitt
their native, ancient and very advantageous stations and
dwellings thereon, to make roome for them.

That your petitioners having thus, by the good hand
of the Lord, and countenance of their Prince, gone forth,
found out, purchased, possesst and planted those parts of
the world, in all desirable freedome and liberty in all re-
spects, both among themselves (in giving to all in point of

AND PROVIDENCE PLANTATIONS. 487

freedome of conscience, what they desired for themselves) 1662.
from all others, whether English or Indians, found them- ^-*'^^-"«»^
selves necessitated, at least for some time, for the preser-
vation and accommodation for themselves and their famy-
lyes, to forbeare to make application unto that soveraigne
power, to which they adheered, and in lieu thereof (and
grace to enter into an actuall agreement among them-
selves) ; and as the true natives of England (though so
remote), and the loyall subjects thereof, for the present to
regulate themselves by the lawes of that nation, so fjirr
forth as the nature and constitution of the place and the
professed cause of their conscience would permitt.

That your petitioners, as a further manifestation of their
willing dependence upon, and loyalty unto the soveraigne
power of these nations did about the year '42, with one
consent, make their address by their Agent unto your
Royall father, for his further and more particular counten-
ance and incouragement therein ; upon which address, in
the yeare '43, there was granted unto your petitioners
from the Commissioners impowered from both his houses
of Parliament for the generall management of forreigne
Plantations, a free and absolute charter of civill incorpora-
tion, whereby they were impowered to choose their own
officers, and to make their own lawes only with this limi-
tation, that they should be so neare the lawes of England,
as the nature and the constitution of the place would ad-
mitt. That your petitioners having received the charter,
forthwith grownded their government thereupon, and with
excessive travail and charge compiled a briefe body of
lawes, for the maintaining of civill society, and for the
: administration of judgment and justice amongst them-
; selves, being drawn from and founded upon the lawes of
England so neere, as the nature and constitution of the
place, with the premised cause and state of their con-
science would permit, and ordered that all writts, both
originall and judiciall should proceed in his Majesties

488 RECORDS OF THE COLONY OP RHODE ISLAND,

1G62. name, as the rest of the corporations in England were
^-'^^'^*^ wont to doe.

That your petitioners upon the first intelligence of the
wonderful workinge hand of the most High, in makeing
way to administration for your Majesties returne unto
your Roy all throne, did forthwith call a generall Court,
and therein as a testimony of your ready and joyfull re-
ception of you and of your petitioners faithfull allegiance
and loyalty to you, did order of your petitioners owne ac-
cord and with joynt consent, that your Majestie should
be forthwith proclaimed with as much solemnity as they
could in all the Towns of that countrey. That all judiciall
proceedings and acts of power should issue forth in your
Roy all name, and that ca commission and letter of cre-
dence should be sent unto your unworthy petitioners in
order to make their humble addresse unto your Majesty.

Wherefore, 0 King ! seeing it hath pleased the most holy
Majesty on high, the King of Kings, to remember you in
your low and exiled state, with such wonderfull and oblige-
ing favour, whereby as it were, without hands, you have been
restored to, and clothed with more excellent majesty and
more absolute soveraigne power than your ancestors have
attained unto, and seeing the state of the case with your
poore petitioners is really such as hath been presented, we
are humbly bold to congratulate your Majestie in this our
addresse, humbly prostrating ourselves with our purchace
and charter, being the titles we have to our Itinds and
government at your Majestyes feet, humbly craveing we
may find such grace in your sight, whereby under the
wing of your Royall protection, we may not onely be shel-
tered, but caused to flourish in our civill and religious
concernment in these remote parts of the world. So shall
your servants take themselves greatly obliged while they
are quietly permitted with freedom of conscience to wor-
ship the Lord their God, as they are persuaded to pray for
the life of the King, even that he may live for ever and

AND PROVIDENCE PLANTATIONS.

489

ever, and to make it their study, which they may best ap- 1662.
prove themselves.* ^.^-^-^

Your Royall Majestys most humble, faithfull and obe-
dient subjects.

JOHN CLARKE.

Second Address from Rhode Island to King Charles the
Second.

To Charles the Second :

By the wonderfull, provident and gratious disposeing
of the Most High, of England, Scotland and Ireland, with
the large dominions and territoryes thereto belonging.
High and Mighty King :

The humble petition and representation of John Clarke
on the behalfe and in the name of the purchasers and free
inhabitants of Rhode Island, and of the rest of the CoUo-
ny of Providence Plantations, in the Narragansett Bay, in
New England.

Most humbly sheweth :

That forasmuch as the state of the case with your poor
petitioners is really such as hath been presented unto your
Majesty in their former humble addresse, being hereunto
annexed.

As also to the case and manner of their first e'oeina:
forth from Old England to New, and of their remove

* For this letter from John Clarke, and the one that follows, I am
indebted to Mr. John Carter Brown, of Providence, who has kindly per-
mitted copies to be made from a manuscript collection of original docu-
ments in his unrivalled library of American History. This collection,
which embraces ten folio volumes, contains miscellaneous papers relat-
ing to New England, but chiefly to Rhode Island, copied for him from the
originals in the State Paper Office, London. These letters, although
without date, were evidently written about this period. The first is en-
dorsed "The petition of John Clarke and others of Rhode Island.'' The
other, "Second Address from Rhode Island to King Charles the Sec-
ond." J R. B,

490 RECOPwDS OF THE COLONY OF RHODE ISLAND, *

1G62. from the place where first they landed unto the place
"^^^^"^^ where now they are pitched.

As to the wonderfull passages of the Providence of the
most high (from whence the Plantations have taken their
name), in guiding them thither and in makeing roome for
them there, whereby they have purchased, possessed and
planted these parts of the world in all desirable freedome
and liberty, in all respects both among themselves and
from all others, whether English or Indians.

As to their humble addresse unto your Royall father for
his further and more particular countenance and incour-
agement of them in these their soe happy and soe success-
full beginnings.

As to their obtaining a charter of civill incorporation,
the grounding their government thereupon, and causing
all the visible acts of power to issue forth in his Majesties
name.

And lastly, as to their manner of the entertaining the
first intelligence they had of your Majestys returne to
your Royall throne, in causing a generall court to be
forthwith called, and therein as a testimony of their ready
and joyfuU reception of you, and of their faithfull allegi-
ance and loyalty to you, in that they did order of their
owne accord, and with joynt consent, that your Majesty
should be forthwith proclaimed with as much solemnity as
they could, in all the Townes of their collony ; and that
all judiciall proceedings and acts of power should issue
forth in your Royall name.

Wherefore your petitioners humbly pray your Majestys
favourable aspect towards them, who have still in their
removes, and in the rest of their actings made it manifest,
that they as the true natives of England, have firmly ad-
hered in their allegience and loyalty to the soveraignty
thereof, although by strangers, by many faire proffers
againe and againe allured therefrom, and have it much on
their hearts (if they may be permitted) to hold forth a
lively experiment, that a flourishing civill State may

AND PROVIDENCE PLANTATIONS. 491

stand, yea, and best be maintained, and that among Eng- 1662.
lish spirits, with a Ml liberty in religious concernments, '--•'■^'-^-' ^

and that true pyety rightly grounded upon gospell princi- ''

pies will give the best and greatest security to true sove-
raignty, and will lay in the hearts of men the strongest
obligations to truer loyalty ; to which end wee are humbly
bold, Roy all Sire, to present to your Majesty this our first
and second addresse, and therewith humbly prostrate our-
selves and your Royall subjects with our purchace and
charter, being the titles wee have to our lands and our
government, at your Majestys feete, hopefully craveing
wee may find such grace in your sight, as to receive from
your Majesty a more absolute, ample and free charter of
civill incorporation, whereby under the wing of your Roy-
all protection, we may not onely be sheltered, but (have-
ing the blessing of the most High superadded as from
former experience, wee have good grounds to expect) may
be caused to flourish in our civill and religious concern-
ments in these remote parts of the world, so shall your
servants take themselves greatly obliged, while they are
quietly permitted with freedome of conscience to worship
the Lord their God, as they are persuaded to pray for the
life of the King, even that he may live for ever and ever,
and to make it their study which way they may best ap-
prove themselves.

Your Royall Majestys
most humble, faithfull and

obedient subjects,
JOHN CLARKE.
32

RECORDS OF THE COLONY OF RHODE ISLAND,

A Gemrall Court of Commissioners held at Warwicke,
October 2Sth, 1662.

COMMISSIONERS FOR
PROVIDENCE.

Mr. William Feild,
Mr. William Carpenter,
Mr. William Harris,
Mr. Thomas Harris,
Mr. Arthur Fenner,
Mr. Zachary Roads.

COMMISSIONERS FOR
NEWPORT.

Mr. Benedict Arnold,
Mr. Eichard Tew,
Mr. John Gould,
Mr. Caleb Carr,
Mr. Greorge Gardiner,
Joseph Torrey.

PORTSMOUTH.

Mr. William Baulston,
Mr. John Brydges,
Mr. John Tripp,
Mr. Samuel Wilbore,
Mr. John Sanford,
Mr. Thomas Brownell.

WARWICKE.

Mr. John Greene,
Mr. John Smith,
Mr. John Wickes,
Mr. Samuel Gorton,
Mr. Randall Holden,
Mr. James Greene.

Letter to
Massachu-
setts.

Mr. Benedict Arnold, President, chosen Moderator.

Ordered, that the letters that are come from Mr. John
Clarke, both former and latter be read.

Ordered, that the letter that is drawne vp and hath
bene read by the President for the Secretary at Boston,
by him to be communicated to the Governor and Counsell
and Court of Debates, is aproved of, and to be sent to Mr.
Rason, as abovesayd.

Letter to Massachusetts concerning the land in dispute at
Pawcatuck.

To the Worshipful and much honored Mr. Edward Raw-
son, Recorder of the Massachusetts, by him presently to

AND PROVIDENCE PLANTATIONS. 498

bee opened and read, and as soon as may bee after- 1662.
wards, to be communicated to the Governour and '-*^^'^*-'
Counclll, as also in time when a Generall Court sitts to / ^

be communicated to the Deputys, &c.; and alsoe in
season to the commission of y® other Collonies.
Much Honored Gentlemen :

Wee having received and perused a letter from y"" Com-
missioners of y*' other Collonies, subscribed Daniel Deni-
son, President, in which is declared that noe answer hath
as yett bene returned, either unto the Commissioners, or
to your severall letters to us sent, concerning the differ-
ences about the lands at Pawcatuck and other places
(within this our collony), where some of our people have
begun to plant. It is very strange unto us that such ex-
pressions should come from y^ Honoured Commissioners,
sitting at Boston, considering that there hath bene a very
large declaration and answer sent and delivered unto your
Secretary, Mr. Edward Kawson, for y^ use and perusallof
your Governour, and also of your Court of Deputies ;
which letter beareth date and was subscribed by order of
our last Generall Court, at Warwick, May 22, 1662, and
was sent by the hands of Mr. John Greene and Mr. John
Sanford, who were, on purpose, desired to carry the same.
And truely we cannot conceive how you could so much
mistake us as not to understand our sense of your pro-
ceedings and our sufferings therein expressed, occasioned
by your pressinng into our jurisdiction. And yet, least
by any accident you may have bene deprived the sight of
that letter, here is enclosed a copy thereof, and again
presented to your view. There being, we suppose by
this time, a coppy alsoe thereof and of your informer in
England ; in which, as you may see largely declared our
sense of your strange carnages towards us, and unto
which we refer you ; and shall herein only add a word or
two, as concerning the expressions of the aforesayd com-
missioners, in their foresayd letter touching our people's
, possessing of lands at Pawcatuck ; not doubting but you

494 RECORDS OF THE COLONY OF RHODE ISLAND,

1662. are acquainted with, and did acquaint them with the rea-
^^-^--^^^^ sons that gave them occasion of so complaining as they do
against our people for injuries and wicked demeanours in
mowing meadows, threatening to drive away cattle, pro-
faning the sabbath, selling strong liquors to the Indians,
as they (the sayd commissioners) are pleased to asperse
the sayd inhabitants with. We must profess our ignor-
ance of the particular persons that have so practised, but
are informed that some of yours (as you seeme to clayme
jurisdiction over there), have done such like things as
aforesayd, which occasioned us two constables to keep the
peace. But it is no new thing for you thus to accuse us,
and in the mean time to act most unchristian like towards
us, by threatening and contemning, upbrayding and injur-
ing us. Not to mention other former passages, you have
now taken and kept as prisoners two of our neighbours for
the space of neare a yeare, haveing nothing against them,
as we yett understand, but that they took possession of
land which they and their associates clayme as purchased
of the Indians within this our colony bounds, haveing
leave from our Court to purchase such lands. In truth,
wee cannot but admire at your strange dealing herein,
and that you yett continue complayning against us, whilst
some of your people most insolently, and with high hand
against the express mind and law of this Colony proceed
to encroach and take into their hands, the lands lying
in the heart of this Collony, even lands that some of ours
doe alsoe clayme by virtue of purchase, &c.; so that, in
truth, there appeareth no reason but for those proceed-
ings.

And gentlemen, forasmuch as you or the Commissioners
now pretend authority by virtue of a Pattent, newly come
over from England, granted to some gentlemen of Quo-
necticutt, to clayme the Narragansett country ; — for you
suppose its taken for granted that this matter is cleered
on your side ; wee are very well informed of the validity
of the pretence, and doubt not but you are also, or will be

AND PROVIDENCE PLANTATIONS. 495

thoroughly sensible of the injurious proceedings of those 1G62.
that procured the sayd Patent by a underhand dealing, ^-*-v-*^'
and that y*" power that granted it doth so resent it, and
solves to do that which is right therein, being now fully
informed of the sleights used by those that did purchase
the same.

Soe, Honoured Gentlemen, hopeing you will see cause
to free our neighbours, whom you have taken in our Col-
lony and imprisoned ; and that you will in your reason
see it just to make reparation for the damages they have
thereby sustayned, and will hereafter forbeare to force in
upon this jurisdiction, and noe more molest any of the
members of this Collony on your foresayd pretences of ju-
risdiction here.

Wee do promise you that we will live by you in all
lovcing and quiet sort, not doubting but we shall be sup-
ported therein by the divine power, and in due season al-
so, to be thereby enabled to perswade such as now intrude
here upon us to decline their insolent proceedings. And
wee withall doe declare that if any of ours at Pawcatuck
or elsewhere in this Collony, have entered on the just
rights and intrests of any (whom you call your subjects,
either English or Indians) illeagally ; that upon complaint
legally made unto our Courts of Justice, held in the name
and by the authority of his Majesty in this Collony, they
the sayd aggrieved partyes shall have redresse in all
just and equall manner.*

And soe most Honoured gentlemen, we take leave and
rest, your very lov'eing friends and neighbours.

The Generall Court of the Collony of Providence
Plantations. Signed in their name and by their
order. JOSEPH TORREY,

Generall Recorder.

Warwick, October 27, 1662.

* From the files of the General Court of Massachusetts, in the collec-
tion of the R. I. Historical Society.

496 RECORDS OF THE COLONY OF RHODE ISLAND,

1662. Ordered, that there be one hundred and sixe pound

^^-*"^'""*^ ray zed to make good fiftye three pound more in England,

beVafssd for ^^ what IS aHrody agreed to be payed to Mr. John Clarke,

Tohn Clarke jj-^ England which is thus divided: Forty seven pound,

ten shillings to Newport ; Providence, twenty pound,

twelfe shillings ; Portsmouth, twentye pound, twelfe

shillings ; Warwicke, seventeene pound, sixe shillinges.

Ordered, that the severall townes doe make good ther
proportiones that are ordered for the severall townes to
pay ; and what towne or townes doe fall short, and neg-
lecte to pay what is ther due, that towne or townes shall
make good what damadge accrue thereupon.
Persons to Ordered, that the President and Mr. Caleb Carr be

price goods.

aded to Mr. William Brenton to prize the goods that are
to be sent from the severall townes to make good what is
ingaged by our agent in England.
Prices to be Ordered, that the three men choosen, shall asrree of the

sent to the ' ' O

towns. severall prices of the severall goods, and send them to the

Assistant of each Towne.
Committee Ordered, that the five men formerly chosen to writte to
Mr. Clarke. ^^ John Clarke, are agayne desired to writt to him on

the Collonyes behalfe, they or the majour part of them.
Commas- Ordered, that coppies be sent to Mr. John Clarke, of
Letter. .j-j^^ letter that came from the commissioners of the United

Collonyes, and the answer that is sent from this Court

agayne.

Ordered, that the Recorder shall signe the letters that

are to be sent to Mr. John Clarke.
Randall Ordcrod, that Mr. Randall Howlden's bill be received

Howldon'3 '

*""• into Court and referred to the next Court of Election.

Hards'^B. Ordered, that the case betweene William Harris, in his
^'°°" indictment against William Barton, Richard Townsend,
John Wickes, Jun'r, &c., for forceable entry ; and vpon
the want of the King's name in the indictment, judgment
was suspended and referred to this Court ; the Court re-
fers the partyes agreeved to a dew course of law for
right.

AND PROVIDENCE PLANTATIONS. 497

Whereas great inconvenyanceyes ensue by putting 1G62.
titles of land, beino^ actionall ; and forceable entry or de- ^-^~>^-^'

' ° ' '' The way of

tayner being crimminall, all to one issue and tryall, as to ^\Xr"^^,^||
plead to the crimminall guilty or not guilty, and soe the ^""^''^
verdict come in accordingly, forasmuch as forceable entry
a man may make into lands, &c., although his own; and
if found guilty of the facte, his title seemely disparaged
therby. Therfore, to avoyd the licke inconveniency. Be
it enacted, that if any parson hearafter indict any other
parson for forceable entry or forceable detayner, that the
party indicted haveing traversed his indictment, the party
indictinge or complayninge of the force, shall first declare
in the same Court and plead to his title, waveing the
force ; and the defendant shall make his defence, and the
case be soe put to the jury, waveing the force, till the
title be decided by verdict ; and the jury haveing found
for plaintiffe or defendant, judgment shall goe forth to put
him into his land by execution ; as also damedges may
and shall, at the same time be pleaded to, and the execu-
tion shall goe forth to take the same ; and as for a revue,
it shall be alowed on the actionall case aforesayd as in
other casses, and then the matter of facte or crime to be
pleaded to after warde in a time by itselfe ; and the form-
er or other jury engaged after the party indicted hath had
his perremptory and other challenges, and the jury beinge
ingaged in the same or other court that the title is tried
in, they shall by verdict determine the party guilty or not
guilty of the force, according to evidence and the light of
their consciences.

Ordered, that the Recorder shall have five shillings
and eight pence of each towne for each coppie of this
Court orders.

RECORDS OF THE COLONY OF RHODE ISLAND,

Documents relating to jurisdiction in the Narragansett
country. At a meeting of the Commissio7iers for the
United Collonies of Neio England, held at Boston, Sep-
tember 4, 1662.

lu answare to a petition of Thomas Minors, of Southerton, complaining
of great abuses and Injuries which hee suffered by the Narragansett In-
dians, vnder the Sachem Shawattocke, by detaining Rydiug, and con-
cealing his horses ; and putting him to uery great cost to recouer them ;
and abuseing him and others that went to demaund them ; for which sat-
isfaction hath bin demaunded of the said Shawattock by Captaine Gokeu,
by order of the Generall Cort of the Massachusetts : but instead thereof,
the said Captain hath bin affronted and could obtaine nothiuge but frivo-
louse answares ; whereupon, the said Captaine according to his order,
Eequired the said Shawattock to appeer before the Comissioners at Bos-
ton, to answare the said miscarriages ; and accordingly, an Indian named
Itouse, appeered, sent by the said Sachem, made noe other answare, but
that the said Shawattock knew noe Reason why hee should pay any thinge
to Thomas Minor, seeing he had his mares again. The said Indian being
demaunded what satisfaction hee would giue for the abuses offered to the
said persons and others, by throwing stones and offering to strike with
poles, and threatening to knoke them in the head, the said Indian made
noe answare.

The Comissioners considering the premises, doe sentance the said
Showattuck to pay the sume of twenty pounds, wherof fifteen to the said
Minor, and fiue for the offence offered to the peace of the countrey ; and
in case of non paiment heerof within thirty dayes after demaund in a cop-
py of this order, two of the said Sachems men to bee apprehended and sold
to such person or persons as will pay the said sume of 201b., who are Im-
powered to Transport them out of the Countrey, or other dispose of them
as they shall see meet. Capt: Denison, and Thomas Stanton, and the
Constables of Southerton, or either of them, are Impowered to execute
this order ; who are alsoe Impowered to Require and seize soe much more
of the said Sachems Ektate as may make meet satisfaction to themselues
soe as noe vuessesary disturbance or damage bee put vpon the Indians
therby.

Seuerall Indian Testimonyes were presented to the Comissioners, wit-
nessing the Injuriouse dealing of Samuel Wilbore and others of Road
Hand, in claiming and posessing of some tracts of laud in the Narragan-
sett Countrey, as alsoe deliuery and season of the said land made by
some Narragansett Sachems to Captaine huchenson and Lieftcnant hud-
son, for themselues and Companie, which Testimonies were distinctly
Read, and Interpreted to the said Indians by John Stanton ; and were

AND PROVIDENCE PLANTATIONS.

499

owned and accepted by the Indians tlieriu Eespectiuely named, the 1662.
origiuall wherof were left on file amongst the Records of the Comissioners ^^^
att Boston.

Captaine Gokens and otliers, complaining of the eontiuewed Injiiriouse
dealing and proceedings of some of Koad Island, which haue bin formerly
Represented to the Gouerment both by the Comissioners and the Massa-
chusetts Collonie, and that without effect, the Comissioners thought good
to send this following letter :

Gentlemen :

The last yeare from Plymouth Avee represented to you the Complaints
of diners English and Indians of the Injuries and Intrusions of some of
youer people vpon the Right of the Massachusetts att Paucatucke, and
of some other particulare persons in other places, since which time wee
vnderstand that the Gouernor of the Massachusetts, to which the said
Paucatucke doth belong, by letters from theire Councell and Generall
Court haue represented theire sence of the acting of youer people ;
haueing alsoe in prosecution of theire Right, and for the protection of
those that are seated there by theire order arrested and fined some of
youers ; forceable entery made vpon our posession ; concerning youer
Gouerment hath not as yett either to vs or to the said Gouerment of the
Massachusetts declared their sence either owning or disowning it to be
an acte of youer Gouerment. Onely Mr, Brinton in some letters hath
declared his particulare apprehension, yett notwithstanding wee are en-
formed youer people proceed with an high hand, and pretend authoritie
for theire acting, and officers calling themselues Constables reddy to as-
sist them in theire Injuries and ofFenciue (truely wee may say) wicked
demeanours ; building vpon the land ; threatening Captaine Gokens ten-
ant, to carry him to prison and driue away his cattle ; cuting his grasse \
by giueing ill example to Pequot Indians that are in subjection to vs ; by
prophaning the sabbath, and selling great quantities of liquors to them ;
which once and againe wee thought meet to present to you, considering
that the rather (though wee could not ezely) the persons aforesaid acted
without youer Incurragement, because wee haue seen a warrant signed
by youer Recorder, Joseph Torey, by order of youer Generall Court,
warning Captaine Gokens and othrs to advise and forbeare any further or
future posession of any of the lands att or about Pacatuck, as they will
answare the contrary att theire perill ; yett with expressing youer sub-
mission to his Majesties determination; wherfore being joyntly desirous
to prevent any further disturbance of the peace of the Collonies, though
wee haue no doubt of the present Right and interest of the Massachusetts
to those lands, wee arc willing to improue the argument that youer selues
haue owned; and therefore thought meet to certify you that wee haue
Read and perused a charter of Incorporation vnder the broad Scale of
England, sent ouer the last ship, graunted to some gentlemen of Connec-
ticutt, wherin the lands att Paucatuck and Narragansett arc contained,
which wee hope will prevaile with you to require and cause youer people
to withdraw themselues and desist from future disturbance ; otherwise
assuring you that the vnited Collonies are engaged to assist and defend

500

RECORDS OF THE COLONY OF RHODE ISLAND,

1662. (?ach other in theire just Rights and posessions, intrcating and conjuring
^^^.^^^.^^ you to wey and consider the scandall of youer actings, against which wee
doe protest, and that the vnited Collouics are inoceut of the sad conse-
quences and disturbances that will vnavoidably attend youer further con-
tinuance therin; the Eighteous God, the God of peace incline youer
harts and direct youer Councells to the wayes of Righteousnes and peace
with those that are desirouse to continew.

Gentlemen,
youer loueing frinds and Xaighbours

The Comissioners of these united Collonies.

Mr. Pierson was seriously and solemnly invited by the Comissioners
to Eemoue his habitation to Southertowne, and to apply himselfe in a
more speciall [manner] to the worke of preaching the Gospell to the Pe-
quots liueing thereabouts, with promise of suitable iucurragement for his
care, paines, and trauell therin.

John Stanton was solemnly advised to apply himselfe seriously to his
studdy, that in Gods time hee may bee better furnished for imployment
in the worke ; as alsoe that in the presence of his father or Captain Den-
nison, hee communicate the Cattachisme and some part of the Scripture
to them, teaching their children to read and write; and that in his whole
conversation hee soe doe demean himselfe, that the Indians bee not justly
offended theratt, but gained therby.

The foregoing conclusions were agreed and vnderwritten by the
Comissioners, September 16, 1662.*

BENJAMIN FEN, DANIEL DENNISON, Presedent,

Subscribed in Mr. THOMAS DANFORTH,

Danforths sence ; THOMAS PRENCE,

Captaine Talcott being JOSIAH WINSLOW,

sicke and could not subscribe. WILLIAM LEETE.

'- Hazard's State Papers, Vol. 2, pp. 4C2-iG9.

AND PROVIDENCE PLANTATIONS.

The Generall Court of Commissioners held at Providence,
^ May the 12th, 1663.

COMMISSIONERS FOR
PROVIDENCE.

Mr. William Feild,
Mr. Thomas Olneye,
Mr. William Carpenter,
Mr. Thomas Harris,
Mr. Arthur Fenner,
Mr. James Ashton.

COMMISSIONERS FOR
NEWPORT.

Mr. Benedict Arnold,
Mr. Richard Tew,
Mr. Henry Timberlake,
Mr. John Crandall,
Mr. Edward Larken,
Joseph Torrey.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. William Baulston,
Mr. John Brydges,
Mr. John Tripp,
Mr. Samuel Wilbore,
Mr. John Sanford,
Mr. Thomas Brownell.

COMMISSIONERS FOR
AVARWICKE.

Mr. John Greene,
Mr. John Smith,
Mr. John Wicks,
Mr, Samuel Gorton,
Mr. Randall Howlden,
Mr. Walter Todd.

The President chosen Moderator.

Ther being considerations presented to this Court con- 1^'"^™™ of
seaming the obstructions that hinder the returne of the Grand jury.
bills presented to the Grand Jury, or any matters that
arise amongst themselves ; the Court doe advise that the
Court of Trialls doe call the Grand Jury before them to-
morrow morning, to inquire of them what the grownds are
that they make not returne to the Court ; and if they can .
remove their grownds, if possible ; if not, the Court of
Trialls may make returne to the Court of Commissioners
if they see cause, to crave forder helpe from them.

502 RECORDS OF THE COLONY OF RHODE ISLAND,

1663. Resolved by this Court, that the Court of Trialles may
"-^"^'^^^ accept of those tenn men that cannot give in the verdict

for want of ther fellowes to make vse of them in any other

cause.
Delays at This Court haviug taken into serious consideration the

the Court of °

Triaiis. intollarable delayes that the Court of Trialls are from time
to time put vpon, v^hich lies as a great opression vpon the
Collony, by reson of the non-apearance of jury men ; and
that because the fines, alredy sett are soe small that it is
to ther great advantaage to pay the fine and stay at
home.
menrnd"'^' Thorcfore be it enacted, that in case any jurior, being
their fines, (.j^Qggj^ ]h,y |.|^g towuc or towucs, ncglcct to apeare at the

Generall Court of Trialles ; being called, he shall be lia-
ble to pay a fine of twentye shillinges in currant pay of
this Collony ; which, if not payd forthwith, shall be taken
by distraynt by the Sheriffe as formerly, only in case any
lawfull excuse shall apeare manifest to the present Court,
wheare they should have apeared, then it shall be in the
power of the Court, according to the wayt therof, to les-
sen the fine to tenn shillings, five shillings, or nothinge,
any lawes to- the contrary formerly made, notwithstand-
inge.
Treasurer to Aud fordcr bo it cuactcd, that whearas ther hath been

be fined if '

any'ilotTrV ^7 souic towuc souic pcrsous retvrned for Grand Jury men

menasju- ^^ ^^^^ Gcnnerall Court, that are not freemen of the Collo-
ny, and soe not recorded in the Gennerall Records : that
from henceforth if the towne or any towne in the Collony,
shall hereafter chouse such and returne ther names as
abovesayd, the sayd Towne Tresurer shall be lyable to

fineTfor not V^Y ^^'^^ ^^^ ^^ Twcutye shilUuges for each such defeck ;

/Smenf and the same to be taken by distraynt, on the Tresurer his
estate, of the sayd towne ; and forder, if any towne shall
refuse or neglecte to choose grand jurymen and petty jury-
men, quallified according to former law of this Collony,
and returne in their names to the Court accordingly.
Such towne for every such defect, shall pay the sayd fine

AND PROVIDENCE PLANTATIONS. 503

of twenty e shillinges for juryman not cliosen, as pre. 1GG3.
misecl ; and the sayd fines to be levied on the Towne ^-«'^^^"*-^
Treasurers as abovesayd, by the Generall Sargent by
warrant from the Generall Recorder's office as formerly.

October 21th, 16G2.
Ther beino; a bill i3resented by Mr. Randall liowldon^ri- houi-

o i -^ ^ den's bill.

to the Court of Commistioners, which was referred to the
Court of Commistioners that was to sitt in May ; and the
bill being presented to this Court, and Mr. Howlden being
called, and not apearing, nor none authorized that can
specke to the pertickelers therin, therfore the Court sees •
cause to wave the bill.

The Court having seriously considered the motion which ^atyPray's
has been presented to the Court by Richard Pray and'^'"'"''''®'
Mary Pray, for a countinancing of them in the parting,
the Court having seriously considered the matter, doe see
cause vpon waytye grownds, to refer the full determina-
tion and resolution of the thirige to the next Court of Com-
mistioners, to give a full determination if they aply them-
selves to them for redresse and reliefe in the matter.

Ordered, that the bill that was presented by Mr. WickesM,-. wickes
against Mr. Feild be taken cognizance of, and agetated
accordingly.

Ordered, that the bill that Mr. Wickes hath presented M>-.wickes
against Mr. Feild, be referred to the next Court of Com- "
mistioners, none desenting, and the said Wickes and Feild
asenting.

Ordered, that William Harris's bill be received without wimam

^ Harris' bill.

paying his noble.

Ordered, that the Sargants bill being aproved and
signed, be equally payed by each towne, that is fiftye ■
shillings on each towne.

Ordered, that the Recorder shall tender the General
Atorney his ingagement after the Court is broken vp.

Ordered, that the recorder shall have for each coppie,

504

RECORDS OF THE COLONY OF RPIODE ISLAND,

1663. and for writting in Court, eight shillings and eight pence
-•'"^'"*^ for each towne.

A Generall Court of Election held at Providence, May the'
22, 1663.

Mr. Benedict Arnold chosen President, and ingaged.
Mr. William Feild, Generall Assistant.
Mr. William Baulston, Generall Assistant, and in-
gaged.

Mr. Richard Tew, Generall Assistant, and ingaged.
Mr. John Greene, Generall Assistant, and ingaged.
Joseph Torrey, Generall Recorder, and ingaged.
Mr. James Rogers, Generall Sargent, and ingaged.
Mr. John Sanford, Generall Aturneye, and ingaged.
Mr. Richard Bulsrer, Generall Solicitor.

A Generall Court of Commissioners held at Portsmouth.
October 14, 1663.

COMMISSIONERS FOR
PROVIDENCE.

Mr. William Feild,
Mr. WilUam Carpenter,
Mr. Zachary Roades,
Mr. William Harris,
Mr. Edward Thirston,
Joseph Torrey.

COMMISSIONERS FOR
NEWPORT.

Mr. Benedict Arnold,
Mr. William Brenton,
Mr. Richard Tew,
Mr. John Easton,
Mr. John Coggeshall,
Capt. John Cranston.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. William Almye,
Mr. Lott Strange,
Mr. William Woodall,
Mr. Francis Brayton,
Mr. William Hall,
Mr. PhiUip Tabor.

COMMISSIONERS FOR
WARWICKE.

Mr. John Greene,
Mr. John Wickes,
Mr. Randall Howlden,
Mr. Edmund Calverly,
Mr. Richard Carder,
Mr. James Greene.

AND PROVIDENCE PLANTATIONS.

The President chosen Moderator.

Voted, that Mr. John Ckirkes letter be first read pri-
vately in the Court of Commistioners.

Voted, that the Letter shall be read openly before the
freemen of the CoUony.

Ordered, that two men of each towne shall be chosen to fi^'Ji^e'"'''
draw vp ther thoughts how the money shall be payd to ciark^J'"
Mr. John Clarke.

The men of Providence, are : Mr. Zachary Rhodes and c^^'^™'""^'^
Mr. William Harris; for Portsmouth, Mr. William HallSonS'
and Mr. Philip Tabor ; for Newport, the President and
William Brenton ; for Warwick, Mr. Wickes and ]\Ir.
Greene.

Ordered, that the petition that is presented by Mr. J^uuJn'.eL
Dyre, Mr. Nixson, &c., be referred to the former commit- '""
tee to draw vp ther thoughts by way of answer to the
former to the Massachusetts, and to bring it to the Court
to be confirmed or disannulled.

Ordered, that the motion about the ferry, presented abo^^t" he
that the petitioner would be pleased to treat with Mr. ^^"^'
John Sanford, to see whether they can end the difference
betweene themselves ; and if not, then to atend and pre-
sent the thinge to the Court at ther next meeting.

Ordered, that the Court be adjourned till Monday,
eight o'clockej in the morning.

October 19, 1663.

The President chosen Moderator.

Ordered, that this Court be adjourned till Friday, vn-
lesse the Court of Triall end before.

The result of the committee vpon the suply of Mr. John
Clarke, the collony's agent, October 19, 1663.

1. We vnanimously agree and commend it to the ^fl^j"^",*^""
court, that what sum is behind of the former ingagement paw.'° '"
may be speedyly and efectually minded by each party, to
be payed and sent according to former order as respecting

■506 RECORDS OF THE COLONY OF RHODE ISLAND,

16G3. tli8 SLimiii, tlio they have overpast the prefixed time first
'^•='*''"-''""'^sett.

2. That ther be presently one hundred pounds more in
currant bills sent to England for the Collonys use withall,
certaintly by the first shipe that goes, to be payd to Mr.
John Clarke, or to his order, and if that cannot be done,
then that Mr. Nixon's bill be vnderwritt and payd accord-
ingly.

3. That the hundred pound aforesayd be borne and
payd in proportion, by the townes and Conanicutt Island,
as followeth. That is, four and forty pounds in the
Towne of Newport ; six pounds by Canonicutt, and sev-
enteene pounds, ten shillings by Portsmouth ; as much by
Providence ; and by Warwicke fifteene pounds : and that
in case the bill bee payd to Mr. Nixon, that then the
same aforesayd be doubled accordingly. And it is order-
ed, that each towne make ther rate by ther owne choyce
as formerly ordered ; and as for Connecticut, it is apoynt-
ed that Mr. Coddington, Mr. Brenton, Benedict Arnold,
Francis Brinley, Robert Carr and Caleb Carr, shall advise
speedyly about it if they be at home, or neare to be in-
formed ; and they or any three more of them shall make
the rate aforesayd for Cononicutt, and apoynt some to re-
ceive it ; and in case any refuse to pay, either ther or
elsewher, then the Generall Sergant shall, by warrant from
the Generall officers, or from any one or more of them,
gather it, and besides [he shall have libertie] to take five
shillings on the pound for his paynes, as was alsoe ordered

Letter to for aud about the former rate.

setts read in Ordered, that wheras the sub-committee weare ordered

Court. '

to draw vp a letter to be sent to the Massachusetts vpon
the request and petition of Mr. Nixon and Mr. Dyre ;
and they having done the same, and a coppie therof being
read in open Court, it is by them owned and approved of
i;iootoi>3 and ordered to be recorded.

paid to Mr. i i i • ■ i • t

Clarke by Voted, that whcras ther have bme two motions proposed

bills on Eng-
land.

concerning the suply of Mr. John Clarke (viz.) : whether

AND PROVIDENCE PLANTATIONS. 607

they will make returne by bill ; and that to despatch a 1663.
bill or bills, to defray and discharge one hundred pound in ^-'^v-*-'
England, or pay Mr. Nixon's bill ; the vote is to pay one
hundred pound by bill in England, and to send them by
the first shipe ; for that part of the aforesayd bill that
belongs to the Towne of Providence, according to their
proportion, which is seventeene pound, ten shillings, Mr.
Feild, Mr. Carpenter, Mr. Rhodes and Mr. Harris doe in-
gage to discharge spedyly for England.

Secondly, as to the proportion that is levied on the Newport

•^ '■ ^ proportion

Towne of Newport, which is forty four pound, wee (viz.) ; p'^on^ised.
Benedict Arnold, Richard Tew, John Coggshall, John
Easton, Capt. John Cranston, Edward Thurston, Richard
Morris, James Rogers, and Joseph Torrey doe ingage
that the next weeke wee will endeavour to procuer our
towne to meet, and do not question but the money will,
with ease be raysed, for that the Court need not to ques-
tion our part ; and for Cononicutt, Mr. Benedict Arnold
doth soe far presume, that none need to question what is
imposed on Cononicutt.

Thirdly, and for Portsmouth, there are that doe en- Pioportion
•^ ' ' of Ports-

gage, Lott Strange, William Almie, William Wodall, «"°"t»>-

Francis Brayton and Philip Taber, that they will endevor

to the vtmost of ther power to doe as the men of Newport

ingage d to doe.

Fourthly, and for Warwick, ther is Mr. John Greene, Warwick

^ proportiou.

Mr. John Weekes, Mr. Randall Howlden, Edmund Cal-
verly and Richard Carder, aoe ingage as the men of New-
port have ingaged to doe.

Ordered, that the bill presented to this Court bynr. Nixon^.
Mr. Nixon with the letter of advice be returned to him ^'"'
againe.

Ordered, that Mr. Howlden's bill be read in Court.

Hugh Parsons accepted a freeman.

Ther being a matter resented to this Court by Mr. charge or
John Wickes against Mr. William Feild, of Providence, agarnr[wnv
Generall Assistant, wherein he is charged for error in the

508

RECORDS OF THE COLONY OF RHODE ISLAND,

1663. execution of his office, and the Court having heard what

^^^^^^^^ the sayd Wickes can make out against him ; and his de-

• fence and answer thereto, and having seriously considered

the matter, doe find that the sayd Feild is not guilty of

the charge soe as to be fineable.

Ordered, that the Recorder shall have sixe shillings and
eight pence for each coppie of this Court's orders, and for
attending the Court.

FFINIS.

A Generall Court of Commissioners held at Newport No-
vember the 24:th, 1663.

COMiAHSSIONERS FOR
PROVIDENCE.

Mr. William Feild,
Mr. William Carpenter,
Mr. Zachary Rhodes,
Mr. William Harris,
Mr. Richard Tew,
Joseph Torrey.

COMMISSIONERS FOR
PORTSMOUTH.

Mr. William Almye,
Mr. Lot Strange,
Mr. William Wodall,
Mr. Francis Brayton,
Mr. William Hall,
Mr. Phillip Tabor.

COMMISSIONERS FOR

NEWPORT.

WARWICK.

Mr. Benedict Arnold,

Mr. John Greene,

Mr. William Brenton,

Mr. Samuel Gorton,

Mr. William Coddington,

Mr. Randall Howlden

Mr. James Barker,

Mr. John Weekes,

Mr. John Coggeshall,

Mr. James Greene,

Captayne John Cranston.

Mr. Richard Carder,

The President chosen Moderator.

AND PROVIDENCE PLANTATIONS.

509

Voted, that Captayne George Baxter be desierod to 1663.
brinff forth and present the charter to this Court. v-^-v-^t^

° ^ The Charter

Voted, that this Court be adjourned vntill to morrow.J^^^^fJ'^
morning, eight of the clock, to give way for the charter to^^''*^''
be read.

Voted, that the Moderator of the Assembly be chosen
by vote.

The President chosen moderator of the Assembly.

Att a very great meeting and assembly of the freemen
of the CoUony of Providence Plantations, at Newport,
in Pthode Island, in New England, November the 24,
1663.

The abovesayd Assembly being legally called and or-
derly mett for the sollome reception of his Majestyes gra-
tious letters pattent vnto them sent, and having in order
thereto chosen the President, Benedict Arnold, Moderator
of the Assembly.

It was ordered and voted, neme contra decente.

Voted, 1. That Mr. John Clarke, the Collony Agent's ^YaVket"
letter to the President, Assistants and Freemen of the'*""''
Collony, be opened and read, which accordingly was done
with good delivery and attention.

Voted, 2, That the box in which the King's gratious ^!ad^i,y^''"
letters weare enclosed be opened, and the letters with the Baxter,
broad scale therto affixed, be taken forth and read by
Captayne George Baxter in the audiance and view of all
the people ; which was accordingly done, and the sayd
letters with his Majestyes Koyall Stampe, and the broad
scale, with much becoming gravity held up on hygh, and
presented to the perfect view of the people, and then re-
turned into the box and locked vp by the Governor, in
order to the safe keeping of it.

Voted, 3. That the most humble thanks of this Collo- Thanks to

be re urned

ny vnto our gratious soveraigne Lord, King Charles the ^° ^ s ^^j.
second, of England, for the high and inestimable, yea, in-
comparable grace and favour vnto the collony, in giving
those his gratious letters pattent vnto vs, thanks may be

510 RECORDS OP THE COLONY OF RHODE ISLANL,

1663. presented and returned by the Governor and Deputy Gov-
"-'•^^'"*^ ernor, in the behalfe of the whole Collony.
be returned Yotetl, 4. That for the present, and vntill the Collony

to the Chan- . , , . . .

ceiior. can otherwise declare than by wordes, their obligations vn-
to the most honourable Earll of Clarendon, Lord High
Chancellor of England, for his exceeding great care and
love vnto this Collony, as by our agent abovementioned,
hath allwayes bene acknowledged in his letters. The
Governor and Deputy Governor are desired to returne vn-
to his Lordsheepe the humble thanks of the whole Col-
lony.

Clarke's Votod, 5. That Mr. John Clarke's letter to the Gov-

letter.

ernor, Deputy Governor, Assistants and freemen of this
Collony. be opened and read.
Mr. Clarke's Votcd, 6. That Mr. John Clarke, the collony's a^-ent

disburse- ' ^ ' J O

dischlrge^i^ in England, be saved harmlesse in his estate ; and to that
ufny^^*^°'" end, that all his disbursements goeing to England, and all
his expenses and engagements there alredye layd out, ex-
pended or ingaged, in order to the procuringe the King's
Letters Pattent for this Collony ; and in any other mat-
ters conducing to the coUonys behalfe in any sort whatso-
ever ; as alsoe for their expences and ingagements, he
shall be necessitated yett further to disburse on such ac-
count, and vntill he shall have arrived, as he sayth hee in-
tends to come next spring, shall all be repay ed, payd and
discharged by this Collony of Rhode Island and Provi-
dence Plantations, in New England.
Thanks tc Votod, 7. That in consideration of Mr. John Clarke's

he returned '

ci^ke,and aforcsayd, his great paynes, labour and travill with much
£100 given ^g^y^jjf'jjj^jj^ggg exercised for above twelve yeares in behalfe
of this Collony, in England ; the thanks of the Collony
be sent vnto him by the Governor and Deputy Governor ;
and for a gratuity unto him, the Assembly engage, that
the Collony shall pay vnto the sayd John Clarke, or vnto
his order heare in Newport, over and besides what is
above engaged, the sume and full value of one hundred
pound starling, in currant pay of the country ; alsoe to be

AND PROVIDENCE PLANTATIONS. 511

payd at, or before the twentyfifth day of December, in the 1663.
yeare 1664. v-*-v-<*-'

Voted, 8. That Captayne George Baxter shall havecap'^am^ •
five and twentie pound starling, in currant pay given himSeshfs^'
as a token from the Collony, of ther thankfull acknowl- b'Sng "'

'' the Charter.

edgment of the Charter, of which hee was the most foyth-
full and happie bringer and presenter, by our agents order
viito this Assembly, besides the charge of his being in and
coming from Boston therewith, to be alsoe defrayed, and
the said twenty fi^e pound to be payed him with all con-
venient speed.

Voted, 9. That all the abovesayd votes be recorded ^!^<'^°j'i"'''*
by Joseph Torrey, Generall Recorder, and soe the Assem-
bly is dissolved, in order to the acquiescing his Majestys
order and commands in the Charter.

At a meeting of the Governor^ Deputy Governor, and As-
sistants, held in Newport the 26th November, 1663.

The Governor, Benedict Arnold, in presence of the
Deputy Governor and five Assistants, was engaged.

The Deputy Governor, William Brenton, in presence of
the Governor and five Assistants, was engaged.

Mr. William Baulston, Assistant, ingaged.

Mr. William Field, Assistant, ingaged.

Mr. John Greene, Assistant, ingaged.

Mr. John Coggeshall, Assistant, ingaged.

Mr. Joseph Clarke, Assistant, ingaged.

Mr. James Barker, Assistant, ingaged.

It is ordered and agreed by this Assembly, that all^°^'J"^
Bonds and indictments to the Generall Court of Trialls in
March next, shall stand in force ; as alsoe any judgments

and Indict-

512 RECORDS OF THE COLONY OF RHODE ISLAND,

1663. of Courts, either in the Collony, or in any pertickeler

'^-^^^'-^"^ townes whereby execution is ah^edy, or shall be legally

taken forth, may be served as formerly by the former

Generall or Towne Sargant, and vntill further order ; as

alsoe that any petition formerly presented to a Court of

Petition to Commissioners be taken notice of at the next Generall As-

Generall

Assembly. geni][)|y^ j^yi(\ thus the Court of Commissioners have or-
dered to the Recorder, five shillings of each towne for his
attendance on this Court ; and the Generall Assembly doe
dissolve and resigne vs to the present government in
obedience to his Majestys cooimands and commission in
his gracious Letters pattent, vnder the broad scale of Eng-
land, given and granted to this Collony.

November the 2Qth, 1663.

Agreed and ordered, that John Sanford is chosen
Clarke of this present meeting, to record the acts of this
meeting, and till the Court of Election, and is ingaged.

The Governor, Deputy Governor and Council, having
informed the Indian Kings, viz.: Quissuckquansh and
Nineganitt, that his gracious Majesty of England, having
taken notice of the Narragansett Sachems submitting ,
themselves subjects to his royall father, which submission
^ , . . they subscribed in writino- and sent unto Enoland by Mr.

Submission ^ '-' O J

rlgans^tts" Gorton aud others of Warwick, they owne that they did
submitt themselves unto his Majesty's Royall father, by a
writinge under their hands about nineteene years ago ; and
they are now come to know what answer his Majesty is
pleased to returne them. Alsoe they owned that they
sent a further declaration of their submission unto his
Majesty by Mr. John Nickson, owning themselves therein
his Majestys subjects. As also they then, by the said
Mr. Nickson, sent their humble petition unto his Majesty
Acknowi- for reliefe in severall wrongs offered and done unto them
sachemr °by tho othcr Collonies. The aforesayd submission sent by
Mr. Gorton, being read in this meeting, and shewed to
the sayd Sachems, they owned it their act.

AND PROVIDENCE PLANTATIONS. . 513

It being informed that the Narragansett Sachem Quis- 1G63.
suckquansh, that his Majesty of England hath graciously '""^•^■"^
been pleased in our Pattent, to take the sayd Sachem andj^hemie-
all the Narragansett Indians and lands into his gracious ule'Kfni*'
protection, as subjects unto himselfe ; and also that his
Majestye hath given this Collony y"" government thereof,
the sayd Sachem did voluntarily make answer that he
most kindly thanked King Charles for his grace therein.

It being also informed unto Nineganett, Sachem of the
Nayantacott country as was informed as aforesayd unto
the Narragansett Sachem ; he answered that he most
kindly thanked King Charles. The sayd Sachems being
shewed aforesayd declaration and petition sent by Mv.
John Nickson, they owned the same to be their act, and
doe returne his Majesty great thanks for his gracious re-
liefe in releasinge their lands from those forced purchases
and mortgages of theyr lands by some of the other Col-
lonies.

It is ordered, that the General Assembly bee by war- Meeting of

^ •' *' the General

rant from the Governor or Deputy Governor, called to as- ^''^'^*"-^-
semble and sett at Newport on y*" first Tuesday in the month
of March next, to order the Collonyes affaires, and pre-
pare for the General Court of Tryalls following, which
sayd Assembly should have been now forthwith called,
had not the hazzard of the season of the yeare hindered.

Whereas, there have matters gone forth under the Gen- Joseph Tor-

' "-' rey, Gen'l

eral Recorders hand which belong unto the next General ^JjJtY^^^^Jj
Court of Tryalls. It is therefore judged of necessity to
continue Mr. Joseph Torrey General Recorder in that of-
fice, untill further order be taken by the General Assem-
bly. Therefore Mr. Joseph Torrey is engaged.

It is further ordered, that the constables of each towne, TownCierk.-

' ' and Sar-

as also the Town Clarkes and Town Sarjeants doe stand inf^j^jftl^J.^^''^

their places untill further order from a Generall Assembly ;
having received a new engagement from either the Depu-
ty Governor, Governor, or any one of the Assistants.
Further, it is ordered, that if any of the sayd officers al-

•314 RECORDS OF THE COLONY OF RHODE ISLAND,

1663. ready chosen, refuse to serve in such their offices, then it
^*'^~'-^*^ shall be in the power of y*" Governor, Deputy Governor,
or any one of the Assistants, to constitute an officer in y®
refusing party's roome ; and this order is also authentick
in like sort for engaging Town Treasurers. And those
that refuse to take their engagement, their names shall be
returned, to be proceeded with according to law for their
contempt.
Santconl Jamos Rogcrs, Generall Sarjeant, is continued in that
nnued. q^qq untill furthcr order be taken by y" General Assem-
bly, and is engaged.
General At- Johu Sauford, Gcncrall Attomev aud General Treasu-

torney and "^

Jonunue" ^^^^^ '^^ contiuucd lu those offices untill further order be
taken by this General Assembly, and is engaged.

In consideration of many matters that may concern the
Town Councill of each towne, as concerninge matters of
administration, and such other matters ; therefore, those
in each towne chosen to that office, are continued therein
untill further order from the Generall Assembly.

The Councill doe unanimously advise that the Governor
and Deputy Governor doe write a letter unto y*" govern-
ment of the Massachusetts, concerning the Indians, and
such amongst us by them banished.

It is ordered, that one Assistant in each Towne have

Meetings"^"" power to Call a towne meeting in each Towne, to choose
their Deputies for the Generall Assembly ; and also, in
the mean time to call Tow^i Meetings for the transactions
of other necessary Towne Affayres.

3.mitaiy It is ordered, that the military officers chosen before the

Pattent came, shall continue their places in y" exercise
thereof, to all intents and purposes whatsoever, untill fur-
ther order be taken by the Generall Assembly.

It is ordered, that warrant goe forth from the Governor
and Deputy Governor, unto Mr. Roger Williams and Mr.
Thomas Olney, and for Mr. Porter to come before them,
or either of them, to take their engagements, which said
warrant is given forth.

Officers.

AND PROVIDENCE PLANTATIONS. 515

These are the acts and orders of the Governor, Deputy 1663.
Governor and Assistants. v„*«-v^'^*^

As Attests, JOHN SANFORD,

Clark.

Letter from Rhode Island to Massachusetts.

To the much honored John Endicott, Esq., Governor
of the Massachusetts, and to the rest in Councill as-
sociated with him.

Newport, Rhode Island, November 18, 10 Go.
Gentlemen :

Much Honored and Beloved :
The inclosed coming with others unto our hands ever
in y'' same manor, for our information : we have been per-
suaded in our mindes to cause this sheete to bee put over
it as a cover, y* it might come safe unto your hands.
And our Generall Court being to meete at this towne on
this day seavenight, sci, y® 24th of this instant month, wee
took care that this inclosed might come speedily as well
as safely to your view, y' so wee may receive your honor-
able resents upon y^ same, having a coppy to shew our
Generall Court; and haveing also advice, &c., to send to
England your resentment, and noe doubt but our own,
will also be presented there : and fully unto the purpose
of his Majesties commands, soe that we are Ifold to in-
treat your wisdoms to send us the result of your most in-
genious thoughts in the premises, soe as we may present
it to such here as are concerned to transact therein with
yourselves, if you please, and y' with all expidition, for
'f speedy extirpating y* roote or stem of discontent being
or growing betweene these two Collonys ; and for a more
certayne expedient, present our serious desires y' your
honored commissioners lately here, or others might be
called here to y'^ same end at our General Court, which is

516 RECORDS OF THE COLONY OF RHODE ISLAND,

1663. to sitt, being called to meete for y*" soUem reception of his
^-''^^'^*-' Majesties gratious letters pattent, on the 24th inst,,
abovementioned. Soe, Sirs and beloved gentlemen, pray-
ing a lyne or two by way of answer unto these presents
by the bearer hereof, we take leave,* -

Honored Sirs,
To rest and subscribe ourselves

yours most humbly devoted in any
Service of love and respect.

BENEDICT ARNOLD,
WILLIAM BRENTON.

Massachusetts to Rhode Island, in reply to the foregoing.

For the much Honored Beuediet Ariiokl, Esq'r. President of Road
Island.
To the Generall Court there.
Honored gentlemen:

Having receaved his Majesties gracious letter in your cover directed
to myself and councill ; yours also being alike directed, I have most
readily ordered that our council be called, to meet at Boston, the twenty
fourth instant, to whom I shall impart his Majestys commands by reason
of the season, and their distance one from the other, there is no possibili-
ty of a sooner meeting ; their results I intend speedily to communicate
to you, and doubt not of their readiness to concurr in a just and meete
expedient for the ends proposed. With due respectb presented, remayne,f
your assured friend and neighbour,

JO: ENDICOTT,

Gov'r.
Boston, 21 November, 1663.

I received yours after five of the clock, 20th instant, at night.
*

For the worshipfull Benedict Arnold, Esq'r, President for the Planta-
tions of Providence and Roade Island, with his associates, or Generall
Court, to be communicated and an answer desired and expected.

Boston, 25 November, 1G63.
Much Honored Gentlemen :

I am required by our honoured Council to assemble at Boston, 24th
inst., to signify to you that in and by your cover, dated 18th instant, our
Honored Governor received his Majesties graciou letters to him and

* J. Carter Brown's Manuscript Collection, f Do.

AND PROVIDENCE PLANTATIONS. 517

Council, directed ; which being communicated and perused, they have or 1663.
dered me to returne this answer. That they apprehend it is not un- ,,_^,..^-.^^
kuowne unto you that the Government of Conecticot, by virtue of his
JMajesties Eoyall Charter and grant made to yourselves, doc lay claimc
to and challenge jurisdiction over the same place, i. e.: Southertowne,
notwithstanding both your and their knowledge of the justice of our
claime to the said place by conquest over the bloody nation of the Pee-
quot Indians, and so many yeares possession, which his Majesty hath not
bin informed of, whose Grace and Goodness in all his Charters, provided
for the indempnity of persons in possession within the limitts of the place
granted ; yet in obedience to his Majesties gracious letter and according to
our Generall Court's former desires exprest, that an amicable way may
be improved for the final issuing of all grievances that have arisen iipon
that part of Southertowne, Block Island, &c., by you claimed. They
are willing, and doe propose that uninterested arbitrators be equally
chosen, two by yourselves, and two by us, out of other Collouies to heare,
and any three of them to determine the same ; or in case three cannot
come to such agreement, that the four arbitrators be impowered to
choose a fifth, and on any three of their agreements to acquiesce as a
fiuall end thereof, that th*e meeting of the said Arbitrators be at Plimouth
towne, at such time as yourselves shall judge meete, so as at least the
Arbitrators and this Government may have eighteeen days before the
time prefixed ; and that they might not be wanting to manifest theire sin-
cere desire of a speedy and amicable issue of such uncomfortable differ-
ences, they have chosen Thomas Prince, Governor of New Plymouth,
and Josiah Winslow, Esq'r, of the said Colony, desiring withall conven-
ient speede to understand of you the acceptance of this motion and
choice of two like unbyassed Gentlemen, by them nominated on notice
thereof, and like liberty to except, if there be cause, they will nominate
two others. It being to shorten only the work, that they thus propose,
and not willing to give you further trouble at present : commending you
to God, and his rich grace, remayne,*

Gentlemen,
Your assured loving
friends and neighbours,

EDWARD EAWSON,

Secretary.
In the name and by y" order of the Council of Massachusetts.

* From the Massachusetts State Papers.

518 RECORDS OF THE COLONY OF RHODE ISLAND,

1663.

Agreement betvxen the agents of Connecticut and Rhode Is-
land, about the limitts of the two collonies.

Whereas, Some differeuces hath of late fallen out betwecue Mr. Johu
Wiuthrop, Agent for the takeing out of a patent for the Collony of Cou-
necticutt, and Mr. Johu Clarke, Agent for the takeing out a patent for the
Collouie of Providence aud Ehode Island, concerning the right meaueing
of certaine bounds sett downe in a patent lately graunted to y" said Col-
lony of Connecticutt. Aud Whereas, by reason of the doubtfuUnes of
some names and expressions mentioned in the said patent, and for the bet-
ter preventing of all disputes that might arise betweene the said Collonies
hereafter, by reason of such vncertainties or dubiouseness : They, the
said Johu Wiuthrop aud John Clarke, haue jointly and mutally nominat-
ed, chosen and appointed William Brereton, Esquire, Major Robert
Thomson, Captaine Richard Deanc, Captaine John Brookehaveu, and
Doctor Benjamine Worsely, or auie three or more of them, to heare and
consider the State of the said dilTcrence, aud to determine what they judge
might be most commodious in order to the settling the said bounds,
cleareing of all vncertaineties, and glueing umutuall satisfaction to both
the said Collonies, Wee, whose names are vnderwritten, haueing in pur-
suance of their request, mett together, and haueing at large what hath
beene alleadged on each side, on behalfe of themselves and the respective
Collonies, to whorae they doe respectively belong, vpon seriouse debate
and consideration had of tlic whole matter, Wee have jointly aud vnani-
mously agreed to offer this advice as followeth, First, That a River there
commonly called and knowne by the name of Pawcatuck River, shall be
the certaine bounds betweene those two Collonies, which said River shall
for the future be alsoe called alias Narrogansett, or Narrogansett River.
Secondly, if anie parte of that purchase at Quinebage doth lie along vpon
the East side of the Riucr that goeth downe by New London, within sixe
miles of the said River, that then it shall wholly belong to Connecticott
Oollonie, as well as the rest which lieth on the Western side of the afore-
said River. Thirdly, That the proprietors and inhabitants of that land
about Mr. Smith's Tradeing house claimed or purchased by Major Ath-
erton, Captaine Hutchinson, Lieutenant Hudson, and others, or given vn-
to them by Indians, shall have free libertie to choose to which of those Col-
loneis they Avill belong. Fourthly, That proprietie shall not be altered
nor destroyed, but carefully maintained through the said Collonies.
Dated this seaveuth of Aprill, 1663.

WILLIAM BRERETON,
ROB. THOMSON,
B: WORSELEY,
JO: BROOKHOUEN.

To the foure proposalls abovementioned, Wee, the said John Winthrop
and John Clarke, doe consent and submit as a full and fiuall issue of all

AND PROVIDENCE PLANTATIONS. 519

the controversies betwixt vs. In witne.-^ whereof, wee have intorchang- 1Q53.
ably sett uur hands and seales, this [blank] daie of Aprill, Anno Domini, ^^..^^^^
1663, and in the fifteenth ycare of y° reighne of nar Soveraigne Lord,
Charles y° Second, by y° grace of God, King of Eiiglnud, Scotland,
France and Ireland, defender of y' faith, &c."'

JOHn'wINTHROP. [Seal.]
Signed, Sealed and Delivered iu
y° presence of
EoB. Thomson,
J. Beane,
Wm. Potter.

[A large number of Documents connected v/ith the controversy, re-
garding the limits of the Colonies of Rhode Island and Connecticut, as well
as the jurisdiction of the Narragansett country have been preserved, but
they are too voluminous to insert here. The editor has published a fevr
which are strictly of an official character. Among the Colonial documents
of Connecticut, about two hundred and fifty of these documents have been
collected and bound together, to the most important of which, reference
is made in the appendix to the *'Collonial Records of Connecticut,"
from 1665 to 1677, printed at Hartford, 1832.]

J. Carter Brown's manuscripts. No. '27.

aENERA.L IjSTDEX,

Abbott, Dan'l, receives a home lot in

Providence, 24

Acassassotic, a Long Island Sa-
chem 296, 297

Accessories, law of 1G47 regard-
ing, . 172, 181

Acquidneck, deed of, from Canoni-
cus and Miantonomi to W. Cod-
ington, 44

receipts of sachems on account of

the purchase of, .... 48, 49
testimony of Wm. Coddington re-
lative to the purchase of, . . 50
gratuities paid Indians for, . 48, 49
list of inhabitants admitted 1640, 90
to be called the Isle of llhodes, or

Rhode Island, 1644, .... 127
Massachusetts claims jurisdiction

over . , 133

authorized to enact certain or-
ders, penalties, etc., .... 206

Adams, Nathaniel, 92

Adultery, law of J 647 regarding, . 173
persons convicted of, to be whipped

in different towns, 311

a town magistrate may grant di-
vorce for, 312

Aiaquamit, testifies to his father's

act Caujaniquaute, 36

Alarms, to rouse the people in case

of danger, .... 68, 102, 154
Albro, Albury, Alborah, Alsberre,

John 72, 127, 299, 244

commissioner for Portsmouth, 428, 437

Alcock, John, 466

Alehouses shfill not be kept without

licence, 18.5

Almy, Almye, Almie, William, 330, 350,
357. 444, 507
land granted to, in Portsmouth,
1644, ......... 82

assistant for Portsmouth, . . . 210

commissioner for do., 326, 327, 354,

504, 508

Almy, Christopher, 314, 330, 331, 347,

387, 388, 389

Almy, Thomas, ....... 440

Allen, George, 92

Allen, Samuel, an inhabitant of 11.

Island, 1638, 92

Allen, Ralph, 92

Allyn, Lieut, John 457

Arnold, Benedict, 263, 300, 302, 311, 313,

321, 325, 328. 331, 334, 339, 350, 409,

418, 420, 421, 429, 433, 435, 438, 441,

442, 444, 446, 448, 482, 506, 507, 509.

land grairted to in Providence, in

1636, 15, 17,

one of the first settlers of Provi-
dence, in 1636, 14

receives a home lot in, .... 24
signs first compact at, 1640, . . 31
letter sent to about subjecting to

the Colonic, 218, 219

commissioner for Providence, . . 428
for Newport, 278, 281, 304, 316, 327,
354, 366, 408, 419, 437, 447, 468,
480, 492, 501, 504, 508.

for Warwick, 337

for Portsmoth, 431

assistant for Newport, 382, 303, 427.
436
moderator, 278, 282, 345, 346, 353,
366 386, 394, 409, 420, 467
discharged for an account of £23, 340
President, 353, 404, 405, 407, 467, 504
letter concerning the Quakers, . 378
to adjust the dispute with Ply-
mouth about Hog Island, 390, 409
purchase of Dutch Island by, . . 403
his letter from John Clarke, Lon-
don, read to the Assembly, , . 447
claims lands on the Pawcatuck

river, 455

advances 40s. to pay the expenses
of two messengers to Massachu-
setts, 474

governor, 511

letter to Governor Endicott, . .515
letter from " "in reply,
relative to the disputed jurisdic-
tion of the Narragausett coun-
try, , . 516

Arnold, Stephen, . . , 323, 387, 482

522

GENERAL INDEX.

387

AnjolJ, Thomas,

AvDold William, . . . 04, 299, 323
transfer of land to, by lloger Wil-
liams, 1638, 20

signs first compact at Providence, 31
letter to Massachusetts, . . . 234
robbed by Indians at Pawtuxet, . 405.
Ammunitiou in the colony, account

to be taken of, _ 320

received from John Clarke, in

London. 346

to be furnished to the towns, . . 346 !

Andrews, Edward, 302 j

Angell, Thomas, commissioner for

Providence, . 250, 258. 267, 271 j

Angell, Thomas, ..... lo, 24, 299 }

among first settlers of Providence, 14 j

signs first comnact at, . . . . 31 i

Anthony. John. 82. 108, 110, 127, 299, '

313, 387 i

447 I

. 115

151

commissioner for Providence, . .

Arbitrators to form a go^jernment

for Providence, 1640, ....

Archery, laws of 1647, regarding, .

Arms of the colony 1637 to be a

sheaf of arrows, .
Arms of the colony 1647, to be an

anchor,

Arrest of strangers, act in relation

to 230

Askomicutt, petition relative to the

purchase of, 449

Ashton, James, commissioner, 245, 550.
267, 271, 299, 394, 408, 501
Assembly, rules and acts for the

well-ordering of, 213

members of to be fined sixpence

for whispering, 214

members of, not competent, may

be suspended, 221

twenty shillings allowed to mes-
senger to repair to all the mem-
bers of, 317

to meet once a year, 400 j

meetings of, may be called by the

president and council, . . . 401 |
dissolved, and government resign-
ed to his majesty, 512

Assembly's acts to be sent to every j

town, • . -^ 213 I

Assistants invested with office of j

justice of the peace, .... 101 I
to sit with the president at courts

of trial, 195

Assotemuet 46

Aspinwall, Wm., one of the signers
of the compact in Portsmouth,

1638, 52

chosen secretary, 53

concerning defaults of, ■ • • . 64

]Mr., the building of his boat for-
bidden, 66

shallop of, attached for debt, . . 68
one of committee to lay out lands

in Portsu-iouth, 71

has two hundred and forty acres
of laud on Ehode Island, ... 73
Assault and battery, law of 1647, re-
lative to, 171

Atherton, Major, letter to be writ-
ten to concerning purchases of
lands by him in the Narragan-
sett country, contrary to law, . 421
letter from, ordered read, . . . 428
commissioners to treat with, 433, 428
report of the committee in relation

to, 438

deed to, of northern tract from the

Narragansett sachems, . . • 464
mortgage to, of the Narragansett
country from the four sachems, 465
I letter from Charles 2d, confirm-

27 ! ing the purchase by, .... 466
186 ' Attorney General to be appointed,

and the duties of, 225

Attachment, property liable to, . . 227

Aurania, fort at. 344

Avery, Ensign 457

Awardes, Richard, 70, 91, 100, 111, 127

Awardes William,
Awashotust, .
Awashoose,
Awashonse,
Awashwash,
Badcocke, James,

. . . .131
. ... 136
. . . .464
.... 451
.221,366,419

an inhabitant of Portsmouth, 76, 300

to look up fire arms, 77

land granted to in Portsmouth, . 77

Baker. V.'m., . . . .9^,92,132,300

grant of land to, in Portsmouth, . .59

commissioner, 345

Baldwin, Thomas, 302

Barker, James, 127, 209, 300, 444, 450
committee to demand the records

of Mr. Coddington, . . . ^ 265
commissioner, . . • • 316, 447, 508

assistant, ^H

Barton, Rufus 75,81

old Mr., to have a piece of mead-
ow, 7^

Goodman, '"

Barton, William 496

Bartlett, John, 92,94

Bassett. Henry, • • • • • • -300

Baulston, Balston, Balstone, Boyl-
ston, William, signs the com-
pact at Portsmouth, 1638, . . 52
at Portsmouth, 53, 54, 56, 57, 62, 71,
82, 85
grant of land on Rhode Island to, 55, 82

GENERAL INDEX.

523

to set up a house of enterlain-

ment. and brew beer, .... 55
chosen captain of train band, . . 56
has two liundred and forty acres

of land, • 73

to view the fences, 78

to see that every freeman is pro-
vided with powder and bullets. 80, 83
to have £9 a year for John Mott's

washing- and diet, 8'2

chosen assistant and treasurer, 101,

110, 112, 120

lieutenant of train band, . . . 120

report on the accounts of, . . . 126

assistant, 209, 231, 336, 353, 386, 404,

408, 427, 436, 467, 504

commissioner for Portsmouth, 277,

281, 299, 304, 316, 337, 345, 366,

394, 408, 419. 431, 437, 446, 468,

480, 492, 501, 508.

Ballston, 100, 305, 307, 314, 321, 338,

390, 417, 418, 419, 420 421, 422,

427, 433, 435, 438. 441, 444, 446,

449,468,482,511.

Baulston, Lieutenant, to erect a

mill, 1640, 76

Ballue,Maturin, 387

Banishment, act in relation to, . . 230
Barbadocs, transportation of horses

and cattle to 338

Baxter, Capt. George, desired to
bring forth and present the

charter, 509

charter read by, in view of all the

people, 509

£25 voted to, -.511

Bazicott, Peter, 302

Beast, penalty for keeping a strange, 341
Beeder, Thomas, at Portsmouth,

1639, . . 70, 91

Bellingham, Mr 325

Bellow, Ballow, Robert, ... 77, 83

Bennett, Hugh 299

Bennett, Hugh, commissioner for

Providence, ..... 209,345

general sargent, 245

Bennett, Ptobert 300

Burnetti Samuel, commissioner, . . 354
Bewitt, Buit, Hugh, 24, 31, 226, 263.
299, 357
commissioner for Providence, 235, 239,
241, 250, 2.58, 354
general sargent, .... 242, 262
placed in custody as a prisoner, . 252
examination of, .... 252, 253
ordered to take his seat in the As-
sembly, 255

charged with treason, .... 252
declared not guilty by the General

Assembly, 255

Bimeleck, an Indian, 454

Bishop, Henry, . . 92, 108, 111, 112

Blatchford. Peter, 457

Blackford, Nicho., 300

Blaxton, Blakstone, William, has
liberty to record his land in the

colony records, 341

complains that John Browne is

taking up land near him, . . 411
note relating to, from. Hutchin-
son's Mass., 412

Blisse, George, .... 221, 300, 333

Boomer, Mathew, 300

Boundary between Newport and

Portsmouth, 114, 115

of the western line of the colony,

committee to run, 417

John Winthrop to be notified of
the intention to run, .... 417

Borden, Burden. John, 76

Thomas 75, 300

Francis 300

Richard, 79, 91, 111, 299, 315, 345,
353, 357

grant of land to, 55

to aid in surveying lands, . . 64, 102

commissioner for Portsmouth, 277,281,

354

assistant for do., 264, 265, 273

general treasurer, 282

commissioner relative to the Dutch, 265
Bow and arrows, every one to be

provided with, 186

the use of, to be taught children, 186
Bo3'lston, see Baulston.

Brace, Mr 108, 110

Bradstreet, Simon, .... 376, 466
Brayton, Braiton, Francis, 299, 473, 507
at Portsmouth, 1643, .... 78
commissioner, .... 468, 504, 508
Bread, assize of, ordered, 1638, . . 61
Brenton, Mr. [William], at Ports-
mouth, 58, 59, 61, 62, 63, 87, 100,
299, 421, 429, 4-35, 442, 447, 449,482,
496, 506.
chosen to the place of eldership, . 64
land granted to in Portsmouth, 82, 109
chosen deputy governor, 101, 112, 120
complains of Coddington for ship-
ping his horses, . . . 337, 338
action of the Assembly in relation

to do., . . . 348, 358, 360, 361

president of the colony, 427, 436, 467

commissioner for Portsmouth, 431, 447

do. do. Newport, 480, 504,

508

moderator, 4-32. 436, 437

letter to, from John Clarke, in

England, read, 480

to write John Clarke, about the

bounds of the charter, . . . 484
deputy governor, 511

524

GENERAL INDEX.

letter to Grovernor Endicott of

Massachusetts, 515

Bridges, John 70, 447, 482

land granted to, 80

commissioner, 419, 437, 480, 492, 501
Briggs, John, 75, 91, 111, 299, 311, 315
to examine the fire-arms iu Ports-
mouth 77

suspended till he gives satisfac-
tion, 119

suspension removed, 124

assistant from Portsmouth, . . 210

commissioner for do., 277, 281, 304,

316, 326, 327

Brinloy, F., recorder, 47

Brinley, Francis, 506

Brookes, Thomas, land granted to in

Portsmouth 81

Brookes, Thomas 127, 299

Browce, Edward, 92

Browne, BroAvu, Chad, among first

Settlers of Providence, ... 14
receives a home lot in, .... 24
one of the arbitrators to form a
government, report of, . . . 27 i
Brown, Nicholas, signs the compact I

at Portsmouth, 1639, . . . . 70 1
dismisses himself from do., . . 73
to have land in do., . 79, 84

freeman of Aquidneck, . . 91,299

Brown John 299, 387

commissioner for Providence, 277, 281
forbidden to take up land near the
boundary of Plymouth and Prov-
idence, 411

recorder, .47

Browne, Henry, commissioner for

Providence, 239, 250, 252, 258, 281,
299

Tobias, 76

Brown, John Carter, manuscripts

from the library of, 464, 465, 489
Brownell, Thomas, 151, 300, 304, 316,

437

commissioner for Warwick, . . 447

do. do. Portsmouth, 492, 501

Browninge, Nathaniel 299

Buggerie, law of, 1647, regarding, . 173

Bulger, Richard 282, 328, 427

solicitor general, . . . 336, 467, 504

commissioner dq., 345

Bull, Henry, 56, 60, 61, 62, 63, 101, 110,
112,120,300,307,311
signs the compact at Portsmouth,

1638, 52

among the founders of Newport,

1639, 87

sarjeant of Portsmouth, .... 65

commissioner for Newport, . . 304

do. do. Providence, . . 354

fine remitted to, .... .340

Bullock, Erasmus, 1639, . . . 70,91
Bulls, a certain number to bo kept, 95
Burglary, law of 1647, regarding, . 166
Burning of houses, penaltv of death

for, ■-.... 167

Burdett, Robert, arrested by Mas-
sachusetts in Southertown, . . 455

narrative of do., 456

imprisoned and fined by Massa-
chusetts, ...."!... 462
Burdick, Birdick, Robert, . . . 356

Thomas, 302, 303

Burrwood, Thomas, to be written to
about a patent for Rhode Island,

1639, 94

Burt, James, 92

Burton, Thomas, 92

Burton, William, permitted to buy

land of the Indians, . . . .483
Burrows, Burrowes, William, . 24,31

Busserole, Peter, 221

Cadman, William, 426

Calverly, Edmund, 507

permitted to buy hind of the In-
dians, 483

commissioner, 504

Card, Richard, 301

Carder, Richard, 52, 56, 59, 62, 63, 100,

136, 302, 420

has laud at Portsmouth, ... 73

to lay out land in Portsmouth, . 85

disfranchised and name struck

from roll, 111,119

to be arrested if he comes upon

the Island armed, 123

one of the grantees of the town of

Warwick, 130

connnissiouer for Warwick, 409, 428,
432, 504, 508
Carr, Robert, an inhabitant of Rhode

Island, 1638, 67, 91, 111, 301, 506

Carr, Caleb, . 281, 301, 450, 496, 506

commissioner, . . 409, 432, 447, 492

general treasurer, 437

Canonicus, deed of laud from, to

Roger Williams, 1637, . . .18
uncle to Miautonomi, .... 37
deed of Acquidneck fron:, to Wm.

Coddington, 44

gives the island of Prudence to
Roger Williams and Governor

Winthrop, 40

receipt from William Coddington
of articles on account of the
purchase of Acquidneck, . . 49
protector of Miantonomi, . . . 136
signs act of submission to the king

of Great Britain, 134

letter from, to Massachusetts, . 136
Caujaniquante, successor of Canoni-
cus, confirms deed of land to the

GENERAL INDEX.

525

inhabitfints (il Providoiico and

Pawtuxet, 35

letter of Roger Williiuns ia rela-
tion to, 31)

Ciirjicnter, AYilliaiii, 2'Jl), o23, 430, 444,

482
land granted tu in IGoO, . . 14

do. trausfc;rrod £0 hy Roger Wil-
liams, 1G38, .../... 20
receives a homo lot in Provide'iiec, 24
sigus the compact in 1G40, ... 31
commissioner, oGO, 419, 428, 468, 480,
492, 501, 504, 508

Case, William, 301,303

Cattle, damage done b}^, . . . . 07
pound for, to be made, .... 68
keepers appointed for the herds of, 95
spare, to he kept at Sachest, . . 95
exported, returns of, to be made, 150
taken on execution, how apprized, 231
transportation of, to other places , 338
Champertors, laws of 1647, regard-
ing^ . " . . 179

Chare, George, 70

Champlin, Jeffrey, 69, 91, 108, 110, 301
Charles 2d, letter to Parliament, and
proclamation read to the As-
sembly, 432 I

proclamation as king throughout ;

the colony, 432 '

writs and documents to be isssucd

in the name of, 432

declaration of, and letter to tlu^
House of Commons to be enter-
ed on the public records, . . 433
authority of, publicly acknowl-
edged, . 442

letter of, confirming Major Atlrer-
ton in the proprietorship of the
Narragansett country, . . . 466
vote of tlianks to, by the Assem-
bly, for the charter, ... 510
Charter of Providence Plantations,

1643, 143

to be put in the president's hands, 380
no copy of to be given under pen-
alty of £100, ...... 383

of 1663, Capt. Baxter brings forth

and presents 509

" read with becoming gravity," 509
vote of thanks to the king for, . 509
acknowledgments to John Clarke
. for "his labor, pains and trav-
ail" in procuring, ..... 510

Chasmoro, Richard, 355

Chesbrough, William, testimony of,
relative to difficulties at South-

_ ertown, 455

Samuel do 455

Nathaniel do 455

Elisha do 455, 457

Chibachuwese, or Prudence Island,
sold to Roger William.s and
Governor Winthrop, by Canoni-

cus, . . . 45

Church, every man ordered to car-
ry arms to, ... ^ ... 79
Clarendon, Earl of, vote of thanks
to " for his exceeding great care
and lov(i unto this colony," . . 510
Clarke, John, one of the signers to
the compact at Portsmouth,

1638, 50

at Portsmouth, 53, 56, 58, 59, 60, 61,
62, 63
at Newport, . . . 87, 100, 110, 300
six acres of land on Rhode Island

given to, 55

to survey the land and make plat, 64
one of the C(numittee to lay out
lands in Newport, arrange high-
ways, dispose of farms, ""(fcc, 88, 89
to write to jMr. Yane about pro-
curing a patent for Acquid-

neck, 1639, 94

lands of, where recorded, ... 49
on the committee to petition for a

patent, or a charter, 1640, . . 125
commissioner for Newport, 209, 216,
220
general treasurer, . - . . 217,221
nominated to go to England, . 231
sent to England to procure the re-
peal of Coddington's commis-
sion, 234

letter to be sent to, in England,

by the colony, 283

instructions to read and approved, 283
mention of by Roger Williams, in

his letter to Rhode Island, . . 351
letter of thanks ordered to be writ-
ten to, . ... 317, 321, 421
letter to be written to relative to

Mr. Coddington, 328

sends ammunition from London, . 346

William Harris's book and cliarg-

es of Roger Williams against

sent to, to be submitted to the

English government, .... 364

money to be raised to be sent to,

for ammunition lost, . . 395, 416
letter from the colony to, to be

presented to Cromwell, . . . 395
letter from, read to the Assembly, 420
committee to send commission
^ and instructions to, .- . . . 421
£50 to be raised and sent to, . . 422
letter from, read to the Assembly, 432
commission to, from the Assem-
bly, as agent and attorney in

England, ". . 433

money to be raised by contribu-

526

GENERAL INDEX.

tiou to be sent to, 444, 448, 480,
496, 505, 506, 507
committoe in each town to receive
contributions of cattle, corn

and money, 445, 448

letters from, to the colony ordered

to be read, 447, 505

committees to draw up a letter of

thanks to, . . . .448,484,496
letter from, to Mr. Brentou, read

to the Assembly, 480

towns pledge themselves to raise

money for, 482

enconragementfrom, that the char-
ter will be forthcoming, . . . 482
petition of, in behalf of, Rhode Is-
land, to Charles 2d, . . . _ . 485
second petition and address of, in
behalf ofRhode Islaud,to Charles

2d, 488

commissioners of the colonies, let-
ter to be sent to, 496

letter from, . accompanying the

charter, read, . • • • 509, 510
great charter of 1663 received

from, 509

all his disbarsements in England,
and all expenses attending his

agency to be paid, 510

vote of thanks to, for "his great
pains, labor and travail exercis-
ed for above twelve years in
behalf of the colony," . . . 510
other references to, . . 331, 332, 436

Clarke, Captain, 127, 212

Clarke, Jeremiah, Jeremy, 63, 87, 91,
93, 98, 99, 100, 101, 110, 301, 451
lays out land in Newport, . . . 102
lieutenant of train band, . . . 121
chosen treasurer, . . . 127, 148, 209
substituted as president in place

of Coddington, 211

Clarke, Joseph, at Portsmouth, 1638, 67
do. do., 91, 95, 100, 111, 301, 364,
421, 433
assistant, . . 209, 386, 404, 408, 511
commissioner, 316, 354, 366, 408, 419
arrested by Massachusetts in

Southertown, 455

narrative of do., 456

Clarke, Thomas, 91, 95, 100, 111, 301

Clarke, Latham, 451

Clarke, Henry, 451

Clawson, John, 330

Cleer, George, 91

Clement, Thomas, 299

Clifton, Cleveton, Thomas, . 263, 301

Cocumcosuck river, 464

Coddington, William, deed of Aquid-
neck, or Rhode Island, from

Canonicus and Miantonomi to, 44
paid gratuities to various sachems

for lands and privileges, . 48, 49
testimony of relative to the pur-
chase of Rhode Island, . . 50, 51
transfers the deeds of purchase of
Rhode Island to his eighteen

associates, . 50

made a peace with Canonicus and
Miantonomi by order of Mas-
sachusetts before the Pequod

war, 51

went from Boston to buy the island

of Aquidneck, 51

one of the signers to the comnact

at Portsmouth, 1638, . . ^ . 52
elected a judge at Portsmouth, 1638, 52
oath of office to administer law, . 53
sits as judge at Portsmouth, 53, 54,
56, 58, 60, 61, 62, 63, 100
allotments of land to, . . . 55,56
first judge of Newport plantation, 87
to have sis acres in Newport for

an orchard, _ 89

bounds of land'extended, ... 95

record of lands, 9^

governor of Newport colony, 101, 110,
112,120
on the committee to petition for

patent, or charter, 125

assistant from Newport, . . • 148
president of Providence Planta-
tions, 208

divers bills of complaint against, 210
sails for England, .."... 214
accusations against not cleared,
and substitute appointed as

president, 211

suit of William Dyre against, . 219
obtains a commission in England,

difficulties arise therefrom, . . 233
Mr. Clarke sent to England to
procure repeal of the commis-
sion of, 234

records and books demanded of,

and his reply, - 265

remonstrance of Providence and
Warwick against the commis-
sion of, 268

commissioner for Newport, 320, 327,
504
engages to submit to the authori-
ty'of Cromwell, 327

objection to his sitting as commis-
sioner, 328

fine about records, not to be re-
turned, 330

the records prejudicial to, cut out

of the record book, .... 332
presentments against not to be

GENERAL INDEX.

527

prosecuted, 333

execution against, in favor of

Richard Morris, suspended, . 349
vs. Morris, the court decline in-
terfering with, 357

charge against by AVilliam Bren-

ton for taking his horses, 337, 348
petitions the General Court, . . 355
opinion and action of General

Court, in case of do., 358, 360, 361
vs. John Sanford, .... 384, 385
purchase of Dutch Island by, . . 403
other references to, . . . 300, 506
Coggeshall, John 53, 54, 56, 60, 62, 95,
100, 106, 110, 300, 507
at Portsmouth, 1638, .... 52
grant of land to on Rhode Island, 55
treasurer of Portsmouth company, 57
elected to the eldership, ... 64
among the founders of Newport,

1639, 87

chosen assistant, 101, 112,120,336,511
report on the treasury, .... 117

moderator, ^4/

elected corporal, 127

president of Providence colony,

1647, 1^8

general treasurer, . . • 264, 273
commissioner for Newport, 278, 281,
504, 508
may contract a new marriage, . 314
rehearing in case of Brenton vs.

Coddington declared legal, . . 348
new trial granted to for forfeiture

of bonds, -430

petition of, concerning Askomi-

cutt, 449

Coggeshall, John, Jun'r, .... 301
Coggeshall, Elizabeth, warrant is-
sued against, 280

has leave to marry again, . • . 319
Coginaquam, grant of the northern
tract to Governor Winthrop,
Major Atherton and others, . . 464
Cole, Robert, land granted to in

Providence, 1637, 1"

do. do., by Roger Williams, . 20
receives a home lot in Providence, 24
arbiter to form a government, 27, 31

Cole, Gregory, 300

Cole way, Robert, 38*

Commissioners allowed 3s. a day, . 307
fined 6s. a day for non-attendance, 307
Commissioners of the United Colo-
nies, letter from, concerning the

Quakers, 374

letter to from Rhode Island in re-
ply, 376

letter to be written to, concerning
purchases of lands by Massa-
chitsetts men contrary to law, • 421

proceedings of relative to the dis-
puted jurisdiction of the Narra-

gansett country, 498

letter from, relative to the disput-
ed jurisdiction of the Narragan-

sett country, 499

Comstock, Samuel, 310

Conannicutt, dispute with the In-
dians about grass on, . . . . 319
to contribute money for Mr. John

Clarke, 506

Conscience, liberty of, acts and

opinions i-(^latiug to, . . . 16, 28

Conigrave, Walter, 302

Conspirators, laws of 1647, regard-
ing, 178

Constable in 1638, and his duties, . 64
Cook, Thomas, . . 78, 300, 384, 417

do. Thomas, Jr., 300

Cooke, John 151,300,302

do., commissioner, . . ■ 267, 272

Copassanatuxett, 130

Cope, Edward, among first settlers

of Providence, 14

land granted to, ..•••• 15

signs compact, 1640, 31

Corn to be divided among the peo-
ple, 98

Cornell, [Thomas], . • • .75,76,83
do., do., 104, 111, 112, 117, 300

land granted to, 84

commissioner, ^it, ^oj.

Corry, William 387

Cotterell, Nicholas, . • • • 92, 301
Court, organization of at Ports- ^

mouth, 1639, '1

Courts. Quarter, cases how deter-
mined in, ,. ■ Tno

orders respecting the terms of, lOo,
106, 113, 115, 122, 305, 395
may be called monthly by each

town WO

not to be longer furnished with

diet at the country's expense, . 122
juries for, to be appointed at town

meetings, '-^^

manner of proceeding in, . . -201^
order relative to rediearing in, ■ 222
misbehaviour in, punished with

the stocks, 232

of towns, to try cases first, ._ • 237
assaults in, punished by whipping, 321

Court of Trials, 149,402

for what purpose, 191

the president to sit as chief judge

of, 194

organization of, and mode of pro-
ceeding in, .... 195 to 207
to be held where the action arose, 209
an assistant to preside in, in cer-
tain cases, 399

528

GENERAL INDEX.

regarding,
Cowdall, John,
Coweset Indians

Cowland, Ralph,
Cowley, Cowlie,

complaints of delays in, . . . 502
Court of Commissioners to meet an ■

nually, ......._. 400

Covenant, breach of, Ia,ws of 1G47

182

. . . 34'J, 358, 300

and country, 40, 460,

465

. 104, 111, 300, 426

.70, 01, U5, 100, 110

Cowling, AVilliam, 49

Crandall, John, 301, 395, 450, 473, 482
commissioner, . • 409,468,480,501
to mark out the boundary of the

colony, ^1'

C'-anston, Captain, John, 127, 300,
301, 304, 307, 313, 320, 328, 350,
408 ^27 444, 447, 484, 504, 508.
i-al attorney, 273, 282, 303, 325,
386, 467

commissioner for Newport, 304, 316,

326, 327, 354, 366, 428

petition concerning Askomicutt, . 449

Captain Thomas, ...... 311

Cromwell, Oliyer, •■••.. 143
letter to be sent to from the colony, 283
all writs to bo issued in tlie nanie

gener.

Davice, Davis, James. . . . 70j 9l

Davis, Abigail, 309, 359

marriage \vith R. Russell declared

unlawful, 365

commissioner's report on her case, 359

do., Nicholas, 91

Deborah, vessel, commissioned a-

gainst the enemies of England, 274
Debts, law of 1647, relating to the

recovery of, 181

Deeds, twelve pence allowed the

clerk for making,

Deer, not to be shot for two months,
£5 penalty for killing, . . ■ 85,

laws relative to,

Democracy, the government declar-
ed to be, 1641,

Democratical, the government of

Providence Plantations,
Demurs, laws relative to, 237, 356, 479
Denison, Capt. Geo., letter to, rela-
tive to Uncas and the Indians, 862

do., 465,498

do., Daniel, commissioner of the
United Colonies, . 376, 466, 500

Derber, Francis,

Destraints, order relating to,

113

116

112

1.56

of, 283 Devill, Davill, Williams

484
359
301

290

306
316

order from the council of, to ^Mas-
sachusetts, relative to Roger
Williams and Providence char-
ter,

penalty for not acknowledging the

government of,

letter from , to Rhode Island, . .
letter of thanks to be written to

the council of, ... . 317, 321
complaints to, of laciviousness in

the colony, 381

penalty of £ 100 for giving a copy

of the letter of, . . . . . * . 383

Cromwell, Richard, Lord Protector,

proclamation issued in relation

to, and sent to each town to be

read, .406

copy of letter ordered to be sent
to for confirmation of the char-
ter, 414

power of, departed before the let-
ter was sent, 416

Cry, William, 76

Cursing and swearing punished with

the stocks, 314

Cussuckquanth, confirms sale of
lands to the people of Provi-
dence and Pawtuxet, .... 36
(see also Quissuckquansh.)
Daniel, Alice, grant of land to, 1636, 15
do., afterwards the wife of

John Greene, 15

receives a home lot in Providence, 24

I Dexter, Gregory, receives a home
lot in Providence,

signs the first compact in 1640, .

purchases land with the inhabit-
ants of Providence from Osame-

quin,

testimony and explanation of said

purchase, 33

one of the committee for Provi-
dence to form a government, . 42
commissioner for Providence, 209, 235,
239, 241, 245, 250, 258, 267, 271,
277, 281.
moderator, 250, 252, 253, 255, 257, 258
279

president, 262

to write letter to Cromwell, Sir H.

Vane and others, . . . 283, 284
letter to Sir Henry Vane, . . . 287

Dickens, Nathaniel, 299

DLsfranchisement not to be exercis-
ed except by a majority.
Divorce!' only granted in case of a

dultery,

may be granted by magistrates,
Doutch, Osamond, . . . .59, 66, 91

Driggs, John, 67

Drunkenness, law of 1647 relating to, 186
persons convicted of, to be put in

the stocks, 186

Dummer, Richard, land granted to, 59
admitted a freeman, ..... 58
builds a mill at Portsmouth. • • 59

. 125

231
312

GENERAL INDEX.

529

Dummor, Stpphoii, land g-ranted to, 59
Duinmer, Thomas, do. do. . . oJ)

Dumraor, Richard, and liis tVicaids,

to be accommodated witli Liiids, GO
Dunn, Kichard, ....... 301

Dung'in, Dungino, Thomas, . 302, 336

Durdall, Hugh, 48, 92

Dvre, William, 314, 321, 338, 348, 361,
403, 442, 447, 448, 468, 482, 505
sign.si tho compact at Portsmouth,

1638 52

chosen clerk, 53, 54, 56, 58, 59, 60, 01,
C2, 63, 64. 87, 93, 208, 219, 232,
265, 301.

allotment of land to, 55

£19 and ten acres of land given

to, for services, 90

secretary of Rhode Island colony,

101, 110, li2, 120
to lay out land in Newport, .
general recorder, . . . 148, 427, 436
suit against William Coddington, 219
elected attorney general, . . . 226
commissioned to go against the

Dutch, 266

commissioner for Providence, . . 316

do. for Warwick, . . 437

do. for Newport, . 468, 480

his connection with the State's

prize money, . . .425,431,436

Dutch Island, the purchase of, . . 403

Dutch, the governor to treat with,

for supplies, 126

forbidden to trade with the In-
dians, 153, 243, 279

the governor of, to be notified of

the law relating to trade, . . 244
orders from England to the colony

to arm itself against, .... 261
trade with prohibited, .... 261
committee in charge of matters

relating to, 265

commissions for privateers issued

against, 266

Providence objects to the commis-
sions issued against, . . . .271
mention of, in letter to Sir Hfinry

Vane, ".288

the cause of the Indian war, . . 294
furnish arms and ammunition to

the Indians, 344

acts against repealed, & commerce
free to, ...... 3-56, 389

Earle, Ralph, 91, 97, 225, 232, 300, 313,

349, 426

at Portsmouth, 1639, .... 70

Earle, William, 387

Earle, Sarah, 426

Easton, Esson, Nicholas, 58, 62, 63, 91,
100, 212, 265, 321, 330, 346, 427,
429.

land granted to, in 1638, ... 59
land Y^rivileges to, for building a

water mill, 62

elected an elder to assist tlie judge , 64
among the founders of Nuv/port,

16.39, 87

fined for coming to a public meet-
ing without his Aveapon, ... 95
assistant, . 101, 110, 120, 209, 264
moderator, 208, 220, 240, 263, 301,
427
deserts his office as president, . 233

chosen president, 273

money in his hands for prizes to
be obtained, proceedings rela-
tive to, . . . 387, 425, 430, 440
commissioner for Newport, . . 428
new trial granted to, for forfeiture

of bonds, 430

Easton, Peter, 127, 301

commissioner, 337, 431

Easton, John, 301, 311, 339, 353, 357,
364, 393, 421, 425, 433
c-eneral attorney, 264, 265, 275, 336,
363, 427, 437, 467
commissioner for Newport, 278, 281,
304, 326, 327, 337, 345, 354, 366,
409, 419, 428, 431, 437, 504.
one of the referees in the case of
Roger Williams vs. William

Harris, 363

assistant for Newport, .... 436

Eaton, Theophilus, 376

Econickamuch, 454

Edsull, Samuel, 275

Eldership, persons elected to, to as-
sist the judge, 63

Elders, elected, 1638, Messrs. Eas-
ton, Coggeshall and Brenton, . 04
Election of officers to be by papers, 148
court of, always to be held in

May, 149

to be held in Newport, .... 219

Emeries, Goodman, 79

Emmons, Thomas, . . .91, 100, 111
Endicott, John, Governor of Massa-
chusetts, letters to and from, 380
455, 456, 415, 516, 517
England, Avords of disgrace spoken

against, punishment for, . . 228
committee to select agents to send

to, 440,442

England, William, land granted to

in Portsmouth, 81

Engagements to be taken by all pub-
lic officers, Ill

form of to be taken by, and given
to officers, . . 150, 282, 306, 441
Enman, Edward, commissioner, 366, 387

Ensall, Samuel, 132

Evington, Errington, Thomas, . . 302

530

GENERAL INDEX.

Execution, apprisal of snoods seized

on, r .... 320

Fees, table of estalilished auder

laws of 1647, 207

Fierefield, John, . . . 301, 303, 450
Felony, crimes judged to be under

the code of 1647, 166

laws for the punishment of, 193, 199
Fences, order in relation to, . . . 96

fine for defective, 96

Fanner, Venner, Arthur, 299, 305, 313,

393,418,435,468,482!

commissioner for Providence, 267, 271

304, 408, 428, 431, 468, 480, 492,

501.

assistant for Providence, 353, 427,

436

to mark out the colony's bounda-

ry, 417

Fenner, John, 387, 431

Fenner, William, 387

Field, Feild, John, one of tlie first

settlers of Providence, ... 14
receives a home lot in do. ... 24
signs the first compact in 1640, . 31

references to, 299

Feild, William, 299, 316, 326, 327, 331,
340, 349, 409, 421, 430, 435, 444,

446, 468, 482, 503, 507.

receives a home lot in Providence, 24
.signs the compact in 1640, . . 31
one of the committee to form a

government, 1647, 42

general assistant for Providence, 219,

386, 404, 405, 407, 427, 436, 467,

504, 511.
commissioner for Providence, 337,

366, 394, 408, 419, 428, 431, 437,

447, 468, 480, 492, 501, 504, 508.
Feild, Kobert, 92, 95, 99, 100, 111, 265

land granted to, 59

Fines and forfeitures, to be retained

for the benefit of the colony, . 206
order relating to, . . 334", 358, 384
Fires not to be kindled in the woods

or meadows, 114

Fire arms to be examined and put

in order, 77

to remain in charge of Messrs.
Boylston and Wilbour, . . .
shall be carried to all public meet-
ings, 04

all men compelled to bear, . . . 104

to be purchased of Mr. Wilbour, . 113

men appointed to mend, . . . • 221

Fish, Thomas, . . . • . 77, 300

Fisher, Edward, 300, 428

land granted to, ... . 72, 80, 85
Forceable Entry and Detainer, law

of 1647, relating to, . . . .168
do. law of in 1662 497

Ford, John, 300

Foreigners not received as free in-
habitants except by consent of

the colony, 240

not allowed to trade with the In-
dians, 246

received into the colony to have
the privileges of Englishmen, . 256
Forging wills or records, law of 1647

relating to, 180

Fornication, singular punishment

for, 355

Foster, Mr., received as freeman, 90, 92
AVilliam, chose clerk of train band, 93
at Newport, .... 100, 110, 387

Fowler, Henry, 387

Fox, reward for killing, . . . .113
Fraudulent dealing, law of 1647 re-
garding, 176

Freeborne, William, signs compact

at Portsmouth, 1638, .... 52
do., 54, 56, 58, 59, 61, 62, 63, 72, 75,
100, 110, 120, 300
commissioner to lay out land in

Portsmouth, 71

land granted to, 73

commissioner, 354

Freemen who do not attend public

meetings to be fined 12 pence, . 57
to elect juries for courts at town

meetings, 124

who do not cohabit on the island,
to have no vote or do business

at courts, 125

French forbidden to trade with the

Indians, . 153

Fugitive servants to be sent back to

their masters, 274

Gambling, law of 1647, i-elating to, 185

Gardinei^ George, 91, 95, 100, 111, 120,

127, 451, 492

Garioud, Garriard, Gariardy, John,. 302

trades with the Dutch, .... 274

General Assistant, if he refuse to

serve as such, shall pay five

pounds, 218

General Officers for the Colony, law

establishing, 1647, . . . .191
process for the' trial of, . . 204,262
provision in case of the death of, . 347
provision in case of the non-elec-
tion of, 348

process of law against, .... 358
to be fined £5 if they refuse to
serve when elected, .... 440

continued, 1663, 514

General Recorder, the duties of,

1647, 195, 196, 422

to fill the place of clerk of assizes, 196

proviso in case of the death of, . 211

General Sargent, duties of, 197, 238, 417

GENERAL IISDEX.

o31

lo be water baily, 273

Geimiugs, see Jeniiinys.

Gibbous, Ml-;, 47

Crilharn, Hubert, ....... 91

Crlover, Giles, trades with the Dutch, 274
(Titodwin, Adam, receives a home lot

ill Providence, .:.... 24

signs the compact in 1G40, ... 31

(^ulceui Gookeii, Captain, complaint i

of against .Samuel ^Vilbore, . 451 j

Daniel, 455, 499 j

order to, forbidding him to settle

in the Pequot country, . . .463

Gold miiie, supposed discovery of, . 214

^ order relating to, . . . ." . .2171

Gorton, .Samuel, at Portsmouth, i

1639, 70 1

at Newport, 91, 112 j

deed of Shawou\et, or Warwick,

to, from Miantonomi, .... 130
commissioner of the Narragansett

f^achems, "... 135

general assistant for Warwick, 217,
234, 242

liams, 1638, 20

one of the committee to form a

government, 1647, 42

sen'r, receives a home l<»t in

Providence, 24

member of the iirst town council

of Warwick, 130,

recorder, 240, 251, 255, 257, 259, 262
recorder, letter to Roger Williams , 248
deed of Warwick to, from Miauto-

"omi, . 130

letter to Portsmouth and Newport, 258
commissioner for Warwick, 278, 273,
281, 326, 327, 337^ 345, 3-54, 409,
419, 428, 437, 446, 467, 468, 480.
492, 501, 504, 508.
complains against the encroach
ments of Massachusetts, letter
of the Earl of Warwick, and re-
monstrance of Massachusetts in
relation thereto . , . . 569, 371
Win.slow's commission to answer

the charges of, 372

assistant for Warwick, 436, 504, 511

commissioner for do., 235, 240, 245,1 permitted to buy land of the In-

326, 327, 316, 337, 354, 366, 419,1 dians, 484

468, 480, 492, 501, 508. ' Newport, 3()1, 328

moderator, &c., .... 236,302 commissioner for Newport, 316, 326,

appeal of, . . 262 337,366,428,432

charge against for misdemeanor, . 262 j sent to Mass. with letter, . . .
other references to, 321, 328, 331, j Greene, John, Jr., 131, 302, 304,307,
340, 365, 373, 395, 409. 420, 421, 309, 311, 325, 357, 358, 384, 388,

■■-■■■- ■ 404,405.

signs the compact in 1640, ... 24
clerk of the assembly, 236, 238, 239,
244, 250
commissioner, 235, 239, 241, 245, 250,
258, 267, 272, 278, 281, 304, 316,
326, 327, 366, 394.
general recorder, 242, 246, 303, 404
gen'l attorney, 353, 386, 408, 427, 441
general solicitor, ....;. 303
to examine the public laws, 278, 404
clerk of the council, . . 405, 406, 407
Greene, James, . . . 302, 437, 473
commissioner for Warwick j 432, 468,
480, 492, 504, 508
permitted to buy land of the In-
dians, 484

Greene, Peter, assistant for W^ar-

wick, 210, 302

commissioner for do., .... 366

Greene, Thomas, 302

commissioner for Portsmouth, 468, 480
permitted to buy land of the In-
dians, 484

Greenell, Mathew, 300

Greenman, Edward, . . .301,354,358

David, 301

Grinmau, John, 92

Gridoll, Mathew, 92

442, 446, 482.
complains to the English govern-
ment about the encroachments

of Massachusetts, 367

remonstrance of Massachusetts in

relation to his petition j . . . 370
reply of the Earl of Warwick to

the petition of, 367

Gorton, Samuel, Jun'r, .... 302

Gorton, Thomas, 74, 79, 110, 120, 127,

300
Gould, Daniel. ...... 212

Gould, (iold, Jereiny, and Jeremiah,

92, 108, 110, 217, 301

Gould, John, 263, 301, 357, 420, 425, 473

commissioner for Newport, 304, 316,

354, 447, 468, 492

Gould Thomas, . . 127,301,418,436

commissioner for Newport, 278, 281,

431

Governor, the chief magistrate of

Newport to be, . . . . . . 100

invested with the office of justice

of the peace, 101

Graves, punishment for robbing, . 320
Greene, John, 302, 313, 325, 326, 406,
421, 427, 429, 430, 432, 435, 442,
444, 446, 468.
land transferred to by Roger Wil-

532

GENERAL INDEX.

Griffin, Kobert, 301, 310, 314, 340, 425,

430
commissioner for Newport, . . 337
Gunpowder, two barrels of, to be al-
ways ready in every town, . . 109
Roger Williams applies to Mas-
sachusetts for, 344

sent from John Clarke, in London, 346
from Mr. Clarke, supposed to be

lost, 395

£50 raised to pay Mr. Clarke, for, 416

Hadson, John, 94

Hall, Jolm, 83,92,301

Hall, William, land granted to, in

Portsmouth, . . . 81, 91, 300, 505
commissioner for Portsmouth, 277,
428, 504, 508
Hall, Edward, commission granted

to, against the Dutch, . . .266

Haman, George, 301

Harding, Mr. Richard, at Ports-
mouth, 1638, 58, 59

Harding, Robert, assistant, 110, 112, 125
Harcutt, Richard, . . 304,311,320

Harrie, Harvie, 419, 444

Harris, William, 299, 429, 482, 503, 505
land conveyed to, by Roger Wil-
liams in 1638, ...... 20

receives a town lot in Providence, 24
one of the arbitrators to form a
government for Providence, a

report of, 27, 31

commissioner for Providence, 209, 431
commissioner for Newport, . . 428
charged with high treason by Rog-
er Williams, 361

ordered to appear before the court, 361
ordered to read his book before
the court, and the original to be
viewed by Mr. Williams, . . 363
charge against, by Roger Wil-
liams to be read, and also his
reply to William Harris's book, 363
case of, referred to John Weeks

and John Eastou, . . . . . 363
assembly declare his conduct to

be seditious, 364

charges against, and his reply
sent to England for adjudica-
tion, 364

to be bound over until the sen-
tence of the government is
known, ........ 364

committee to draw up letter to
John Clarke, with all the facts
relating to charges against, . 364
committee to receive bond of, to
the amount of £500, . . . .365

assistant for Providence, . . . 427

commissioner for do., 468, 480, 492,

504, 508

vs. William Barton and John

Wickes, Jr, case of, referred, . 496

Harris, Thomas, 24, 299, 309, 311, 313,

337, 345, 354, 358, 365, 444, 473,

482

at Providence, 1636, 14

receives a town lot in Providence, 24

signs the compact in 1640, ... 31

commissioner for Providence, 235, 241,

245, 250, 258, 277, 281, 304, 327,

354, 468, 480, 492, 501.

assistant for do., 282

Plarris, Thomas, Jun'r, .... 387
Harris, Andrew, son of William, . 365
Hart, Edward receives a lot in

Providence, 24

signs the coropiict in 1640, ... 31
Havens, Heavens, William, 70, 91, 221,

300
land granted to, in Portsmouth, . 81
Haviland, William, 263, 301, 303, 337
Hawkins, Job, home lot granted to,

in Portsmouth, 1639, .... 71

Hawkins, John, Ill

at Newport, 100

Hawkins, William, receives a lot in

Providence, 24

signs the compact in 1640, . . 31
Hawkins, Richard, lot granted to, in

Portsmouth, 72

other references to, 300

Hawxhurst, Christopher, . . 302, 304

Haydon, John, 302

Hazard, Thomas, among the first

planters of Newport, 87-99, 91, 100,

111, 300

Hazard, Robert, .... 300, 473, 482

commissioner, 468, 480

Hazard's State papers, references

to, 376, 378, 451, 500

Helme, Christopher, . . . 136, 210

Herudall, Benjamin, 387

Hill, Valentine, land reserved for,
granted to Sargeant Hutchin-
son, 67

Hick, Gabriel, 221

Hicks, John, 92, 108, 110

High Treason, law relating to, . . 160

Hitt, Thomas, 91

Hobson, Henry, . . . .281,333,384

Hodgson, Robert, ...... 76

Hogones, Daniel, forbidden to raise

his house in Masscomscott, . 485'
Hogs, not to be kept near Newport, 95
Hog Island, grass on, granted to

William Brenton, ..... 59

Plymouth claims jurisdiction over, 373
reply from the General Assembly

relative to, . 373

dispute about, referred to Thomas
Willett and Benedict Arnold, . 390

GENERAL INDEX.

533

instructions relative to, to be re-
corded, 390

commissioners to treat with Plv-

«ioutli for, 409, 430

letter to Plymouth in relation to, 410
attempts of Richard Smith to

take possession of, .... 422
Holden, Howlden, Randall, 53, 56, 58-

63, 100, 339, 340, 465, 406, 409,
429, 435, 442, 444, 473, 496, 503
witnesses the deed of purchase of

Rhode Island, 1637, . . .46, 47
signs the compact at Portsmouth,

1638, 52

at Warwick, 502

grant of land on Rhode Island to, 55
chosen corporal of train band, . 56
to he marshall for a whole year, . "60
disfranchised and name struck

from roll, Ill, 119

to be arrested if he comes upon

the Island armed, 123

deed of Warwick to, from Mianto-

nomi, 131

deed of Potowomut to, .... 131
commissioner of the Narragansett

sachems, 135

assistant for Warwick, 148, 273, 282,
303, 325, 336, 353, 386, 404, 405,

408, 428, 468.

commissioner for Warwick, 241, 245,
266, 278, 281, 337, 354, 366, 394,

409, 428, 469, 492, 501, 504, 508.
commissioner for Newport, . . 419

treasurer, 242

on committee relating to the

Dutch 265

complaints atjainst the encroach-
ments of Massachusetts, 367,371
if elected to office, is excused
from serving without paying
fine, ......... 412

Holidays for recreation to be deter-
mined on, 280

Holmes, Obadiah, 302, 316, 326, 327,

336
commissioner for Newport, . . 337
Holland, Mr., Council of State, let-
ter read from, 240

letter to be sent to, 283

Holyman, Holliman, neighbor, 278, 302,
313, 325, 365, 404-406

land granted to, 17

Holyman, Goodman, land of, forfeit-
ed, 78

Holyman, Ezekiel, land conveyed

to, by Roger Williams, 163.8, . 20

receives a lot in Providence, . . 24

. commissioner for Warwick, 239, 241,

250, 258, 267, 272, 278, 281, 304,

326, 327, 345, 419.

assistant for do.,. . . . 210,303

deed of Shawmut to, 130

deed of Potowomut to, ... . 131
Homicide, law of 1647, regarding, . 164
Hope Island, deed of Miantonomi to

Roger Williams, exhibited, . . 383
Indians ordered to remove, . . 383
Hopkins, Thomas, receives a homo

in Providence, 24

signs the first compact at, . . . 31
commissioner for Providence, 245,
299, 408, 431
Houses to be built within a year by

all who have grants of land , . 1 03

Houses of entertainment licensed, 280,

313, 314

to have signs 314

to allow no tippling after nine o'-
clock at night, 330

order to induce the keeping of ad-
ditional, 441

Howland, Ralph, 75

Hubbard, Sam.uel, 301

Hubbub, not allowed to be raised, . 30
Hudson, William, . . . 461, 466

Hunt, Bartholomew, 329, 331, 332, 333

Hunt, Enock, 92

Hutchinson, William, land granted

to, 73, 109, 110

Hutchinson, William, Jr., signs the
first compact at Portsmouth,

1638, 52

Hutchinson, Wm., at Portsmouth, 53,
54, 56, 58, 60, 61, 70
to have six lots of land, . . .53, 55
chosen treasurer for the Ports-
mouth company, 57

Hutchinson, Edward, Sen'r, signs
the first compact at Ports-
mouth, 1638, ...... 52

53, 56, 58, 59, 61, 111, 127, 461, 466

at Newport, 111,127

allotment of land at Rhode Island

to, 55

to bake bread for the plantation, . 61
has two hundred acres of land, 73, 109
Hutchinson, Edward, Jr., signs the
first compact at Portsmouth,

1638, 52

at Portsmouth, 56

allotment of land on Rhode Island

to, 55

at Newport, Ill

Hutchinson, Samuel, land alloted to,

on Rhode Island, . . 55, 75, 109
at Portsmouth and Newport, 1639,

70, 91, 100, 300
Hutchinson, Sargeant, . . . . 62, 67
Hutchinson, History of Massachu-
setts, referred to, . . . 378,412
Indians, regulations of the venison

GENERAL INDEX.

trade with, 62

shall not take deer or skins from
Rhode Island, except at Ports-
mouth, 81

ordered to leave the town of Ports-
mouth and live in the woods, . 82

trade with, made free to all men
(Newport), 90

agreement between, and Govern-
or Coddington, 107

shall not kindle lires upon the
lands, 107

shall not set traps or destroy any
deer on the island, 107

shall not back out from bargains
made, 108

the Governor to write to the Bay
in relation to, 110

shall not fall or peel any trees, . 117

penalty for selling or giving pow-
der, ball, arms, &c., to the In-
dians, . . . 123, 139, 155, 226

committee to devise means to pre-
vent the sale of ammunition to, 320

to be employed to kill the wolves
on the Island, 125

the Dutch and French forbidden
to trade with, 153

penalty of £5 for repairing the
guns or arms of, 155

false peage used by, to be confis-
cated, 155

price of peage fixed with, . . . 217

no land shall be purchased of,
without the consent of the
State, 236,404

fines to be collected for selling li-
quor to, 274

liquor prohibited from being sold
to, . . 279, 304, 308, 338, 413

war, said by E. Williams to have
been begun by the Dutch, . . 294

notice of the tribes of, and their
wars, by Williams, .... 295

keepers of, appointed, .... 307

dispute with, about the grass on
Conannicutt, 319

furnished secretly by the Dutch
with arms and ammunition, . 324

their difficulties with the War-
wick people stated in letter of
Roger Williams, 341

complaints of the Narragansetts
against the English at Pequot, 362

ordered to remove from Hope Is-
land, 383

lands not to be purchased of, ex-
cept by order of the court of
commissioners, 404

commit robberies in Pawtuxet, . 405

laws to punish stealing by, • .412

their lands at Niantecutt, ordered

to be purchased, 418

Providence permitted to buy three
thousand acres of laud of, ad^-
joining the township, .... 418
land at Potowomut ordered, pur-
chase of, 424

encroachments on, in the Pequot

country, 451

sale of the Narragansett country
bv, to Winthrop, Atherton and

others, 464, 465

lands of, in Narragansett ordered
to be seized, by the commis-
sioner of the colonies, . . . 498
Indictment, unjust, parties causing

to be put in the stocks and fined, 227
Inquest, or tryers, law of 1647, re-
garding, 198

Intestine commotions, action rela-
tive to, 318

Invasions referred to the judge and

elders 64

James William, 300

James, Thomas, land transferred to,

by Roger W^illiams, .... 20
receive a home lot in Providence, 24

Jano, an Indian, 131

Jeoffreys, Jeffereys, .j9, 89, 91, 93, 122
Jefteryes, Jefi'eries, Mr., grant of

land to, at Portsmouth, ... 59
to aid in surveying land on Rhode

Island, 64, 102

to determine a case of difiiculty

with the Indians, &c., ... 89
Robert, treitsurer of Newport, 90, 100,
101, 110, 112, 120
may exercise the functions of chi-

rurgerie, 117

elected captain of train band, . . 121

on committee to procure a charter, 125

Jeftcry, William, . . . .301, 408

Jennings, Genings, Thomas, .81, 300

shall demand his wife to live with

him, 312

committtee to treat with the wife

of, 315

Jennings, Samuel, 300

Jermon, Edward, 299

Joanes, John, . . 299

Johnson, Johii, 91

Judge and elders to rule and govern,

J638, 63

to be accountable every quarter for
aU cases passing through their

hands, 63

to distj-ibute lands on Rhode Is-
land, 64

to arrange military discipline, &c.,64
to meet monthly to determine
causes, .90

GENERAL INDEX.

535

to meet for the recording of lands, 98
Judith, Point, controversy about

land near, 452, 454

Juries for courts to he appointed by

freemen at town meeting, . . 124

Jurymen, pay of, 307

order relating to, . . . 358, 474, 502
to be paid by prosecutors, . . . 384
fines of, for non-attendance, 400, 502
Justice, penalty for defacing in-
struments of, 340

Keerd, Ralph, 75

Kent, Thomas, 387

Kitackamuckqutt, 45

Knight, llichard, 301, 328, 334, 339,

348, 350

general sargent, 217, 221, 264, 273,

276, 282, 303, 327, 347, 353, 386,

426, 436, 467.

to demand papers of Governor

Coddington, 265 ;

£30 allowed to, for services, . . 417
Knight, Tobye, . • 92,100,111,3271

Knight, George, 50 :

Knowles, Henry, to cut his lot |

shorter, 81, 3021

Laborers and artificers, laws <if !
1647, regarding. _ . . _ . . . 183
Lasciviousness, law for the punish-
ment of, 318

Land, every allotment of, recorded

to be evidence of ownership, . 54}
two shillings to be paid for every i

acre enjoyed by the occupants ■

of land on Rhode Island, . . }

and houses, the disposal of, in the '

hands of the judge and elders,

1638, 64

undisposed of, on Rhode Island,

belong to the body of freemen, . 83
orders to the committee for the |

division of, at Newport, ... 90
to be fired at a certain time, . . 96
committee to lay out, in Ports-
mouth and Newport, .... 102
houses to be built within one

year by all who have grants of, 103
evidences, book to be procured for, 114
tenure of, on Rhode Island, 1639, 116
secretary to give exemplifications

of titles of, 124

not to be sold to persons out of the

jurisdiction of the government, 126
order relative to the recording of, 128
laws of 1647 relating to sales and

conveyances of 177

records to be kept in a strong

chest, with four locks on it, . 196
not to be put under any foreign

jurisdiction, 401

not to be purchased of the Indians

except by permission of the

court, 404

at Nyantecutt, ordered, purchased

of the Indians, 418

purchased contrary to law, discus-
sion about, to be private, 420, 421
purchased by Major Atherton and
his as.sociates of the Narragan-
sett sachems, .... 464, 465
three years given for possessors

to show titles to, 475

prescribed form of recording, . .477
titles of, from the Indians, order

relative to, 478

Land titles, arrests not to be made

for matters concerning, . . . 439
Langworth Andrew, . \ . 302, 356

Larkin, Edward, 301

commissioner for Newport, . . 501
Larceny, law of 1647, regarding, . 174
punishment for, whipping or fine

instead, 350

Laws, public, how to be kept by the

secretary, 114

Laws, constable and sargent to exe-

rutp penalties of, 1638, ... 65
to be openly read and examined, . 102
to be read at the head of compa-
nies, 114

common, the heads of, ... . 158
code of, adopted in 1647, . . . 156
Laws and rules to be drawn up by '
the judge and elders at Ports-
mouth, 1638, 64

to be read in town meetings for

the consideration of the people, 229
committee to examine and report

on, 278

not to be obstructed by town

charters, 333

not enforced till twenty days af-
ter the dissolution of the court, 402
may be repealed by towns within
three months after passing, . . 429
Lawton, George, at Portsmouth,

1639 70,91,300

assistant for Portsmouth, . . . 210

Lay ton, Lai ton, Lighten, Laighton,

Thomas, . . . \ . 70, 91, 300 304

commissioner for Portsmouth, 316, 326,

327, 366, 447

Layton, John, 92

Leete, William, 376

Lenthall, Robert, . . 104, 110, 119
Libels, law of 1647, regarding, . . 184
Liberties, confirmation of, 1640, . 125
Licenses, laws regarding, . . 185, 280

Lintell, Robert 92

Lipott, John, an Indian, .... 454

Lippitt, John, 302

receives Intin Providerice, . . 24

536

GENERAL INDEX.

signs compact in 1640, .... 31
on committee to form a govern-
ment, 1647, 42

Liquor, laws relating to the sale of, 185,
274, 276, 280, 413
committee to report on plan for

suppressing sale of, ... . 307
may be searched for, . . 308, 331
price of, fixed by law, .... 308
persons having, shall record it in

the town records, 308

penalty for concealing, . . 309, 381
excise upon, orders relative to. 309.
381,418
not to be drank at taverns after

nine o'clock at night, .... 330
complaints of the sellers, on ac-
count of the price being fixed, . 335
vessels arriving to he searched for, 382
forbidden l;o be sold to the In-
dians, . .279, 307, 308, 335, 413
no one allowed to retail, unless
they keep at least one bed for

strangers 441

Longbottom, James, 450

Long Island, assistance to be ren-
dered the people of, ... . 205
Long Island Indians, massacre, the

Narragansetts, 297

Loquasquscit, north west of Paw-
tucket, 33

Lucar, Marke, 301

Lumber, price of, regulated, ... 97

Lutner, John, 60, 62

Lvtherland, William, 47, 314, 339, 357,
388, 408, 427
recorder, 47, 264, 267, 276, 282, 303, 325
town clerk of Newport, .... 261
clerk of the Assembly, . . 263, 304
commissioner, &c., for Newport, 278.
281,301,327

Maccummore, John, 92

Magazines, provision for in each

town, 223

Magistrates fined for leaving the

bench Avithout leave, .... 333
to sit at court of trial with gener-
al officers, 218

Man, William, receives a home lot

in Providence, 24

signs the first compact in 1640, 31

Man, James, 263, 301

Manchester, Thos., at Portsmouth,

1643, 76

Manslaughter, law of 1647, regarding, 164

Manton, Edward, 299

receives a lot in Providence. . . 24
signs the first compact in, 1640, . 31

Manton, Shadrack 387

Maritime laws to be the laws of Ole-

ron 115

Marriages, intentions of, to be pub-
lished at town meetings, or on
training days, .... 187, 330

incestuous, to be null, and parties

punished, 334

Marshall, John, 66, 91

Mascacowage river, 464

Masipe, an Indian, 454

Mason, John, 360, 376

Mason, Major, letter of R. Williams

relative to the Pequot country, 457
Massachusetts, so called from the

Blue Hills, 26

claims jurisdiction of the country
which includes Providence and
the island of Rhode Island, . . 133

letter from the Narragansett sa-
chems to, 136

letter to, from the commissioners
of the Narragansetts, . . . . 138

letter written to, in relation to
Pawtuxet people, 153

letter sent to, concerning War-
wick, 209

letter ordered to be sent to, Au-
gust, 1653, 272

petition and remonstrance from,
to the Earl of Warwick, in an-
swer to the declaration of Sam-
uel Gorton, Randall Holden,
John Green and others, . . . 370

reply of the Earl of Warwick
and the commissioners of for-
eign plantations to the above
remonstrance, 367

letter to be written to, concerning
purchases of land in Rhode Is-
land contrary to law, .... 421

committee to arrange diff"erences
with, 438

warrant from, to make arrests in
Southertown, 455

letters from, to Rhode Island rela-
tive to lands in Southertown,
and of its arrest of certain per-
sons there, 460-62

letter from, read to the Assembly, 468

letter in reply to, relative to the
jurisdiction of the Narragan-
sett country, . . . .469, 483

messengers sent with letter to
reason with, 473

letter to, concerning the land in
dispute at Pawcatuck, . . . 493

letter to, read in court and ap-
proved, 506

letter concerning the Indians to
be written to, ... . 514, 515

letters from, in reply, concerning
Southertown, Block Island, 516, 517
Masscomscott, 485

GENERAL INDEX.

537

Maukquogges, 139, 362

Maxon, Maggson, Richard, . . 70, 91
complaints against, for oppression
in the way of trade, .... 66
Meakeaw, sou of Canonicus, con-
firms the sale of lands made by

his father, 37

Menstealers, law of 1647, regarding, 174

Merchant, John, 92

Meritt, Ezekiah, 92

Miantonomi, deed of land from, to

Roger Williams, 1637, ... 18
deed of Rhode Island from, to

William Coddington, .... 44
receives gratuity of AYilliam Cod-
dington, 48

receipt of, for articles received of
William Coddington on account
of the purchase of Aquidueck, . 49
agreement with Governor Cod-
dington and the people of Rhode

Island, _. 107

deed nf Showouuit or Warwick
from, to Randall Holden and

others, 130

deed of Hope Island from, to Rog-
er Williams, 383

Misadventure, law of 1647, regarding, 165
Misbehaviour, law of 1647, regarding, 163

Mishammoh, 46

Mishowomett neck, 391

Military, (see also arms and ammu-
nition),
day for general training and exer-
cise ordered, 1638, .... 61
all men from sixteen to fifty years

of age to bear arms, .... 61
discipline to be arranged by the

judge and elders, 1638, ... 64
all fire arras to be examined and

repaired, 77

every man to have four pounds of

shot and two pounds of powder, 77
every man to go armed to church, 79,

80
examination to be made ten days
before training, to see that all
have powder and bullets, . . 80
all men compelled to bear arms, . 104
laws concerning the election of

officers, . 117, 120, 121, 153, 218
orders regarding training, 121, 153,
218, 402
order for the promotion of the art

military, 152

fine for not carrying fire arms to
be repaired, or for defective

arms, 221,403

an account to be taken of all the

ammunition in the colony, . - 320
election of oflScers, 381

fines, the town sargent to pay, if
he neglects to collect them, . 402
Militia, each town to order its own, 226
Mill, built by Richard Dummer,

1638, 59

Mill, erected by Nicho. Easton, . 62
Mines, order in relation to, . . . 217

Minor, Thomas 457, 498

Misquamacock, Misquamacott, As-
komacutt, petition relative to

the purchase of, 449

deed of the sale of, from Socho, . 450
claims of Rhode Island to, . . . 463
Mixan, son of Canonicus, ....

Mocquayes Indians, 362

Moderator, the duties of, ... . 354

Mompoucke, 49

More, John 91, 302

Morris, Morige, Captain Richard. 110,
121, 127, 210, 221, 300, 328, 331,
332. .507.

to look up fire arms, 77

letter to Plymouth, . . . 314, 321
vs. Coddington, the court decline

interference in, 357

commissioner, 431

Morris, William, 300

Morris, Mrs., case of, 430

Mortgaged lands, order relative to, 478

Mosier, Hugh, 450

Moshassuck, 351

lands upon, comprehend Masswas-

cutt, 40

Mott, Adam, 63, 75, 80, 91, 100, 110,

300

land granted to, 59

to lay out lands in Portsmouth, . 102

Mott, Adam, Jr., 300

Mott, John, 82,91

Mott, Jonathan, 300

Mow, John, 70,300

Mowrie, Morry, Roger, . . 299, 313

commissioner, 394

Muning, Munnings, George, . . 50, 224
Murder, law of 1647, regarding, . 163
Narragansett Indians, act of sub-
mission of, to Great Britain, 134,
512, 513
letter from, to Massachusetts, . 136
letter sent by request of, to Cap-
tain Denison and Thomas Stan-
ton, at Pequot, 362

copy of the submission of, to be

sent to England, 445

protest of, against Samuel Wil-

bore and his company for taking

their lands near Point Judith, . 454

grant by, of the northern tract to

Governor Winthrop, Major Ath-

erton and others, 464

mortgage by, of the Narragansett

538

GENERAL INDEX

couDtry to. do.,

Narragausett, committee to treat
with Major Athertou and other
purchasers of land in, ...

country, proceedings of the com-
missioners of the United Colo-
nies relative to,

(see also Pequot country.)
Narragansett, origin of the name as
given y Roger Williams, . .

sachems, references to, .

Aiaquamet, son of Caujauiquante,

Caujaniquante, sachem of, .

Cussuckquanth, brother of Mian-
tonomi,

Canonicus, 136,

Miantonomi,

Meakeaw, son of Canonicus, . .

Mishammoh, father of Canonicus,

Mixan, son of Canonicus, . 136,

Nenekealah, brother of IMiantono-
mi,

Ninigret,

Nawwushawsuch,

Ninecraft,

Niueganett, • •

Quequaganewet, grandson of Ca-
nonicus,

Pessicus, successor of Miantono
mi) ^ 136,

Quissuckquansh, brotlier of Mi-
antonomi, 402,

Quequakanut,

Hcuttape, grandson of (.'aaoniciis,

Socho, of Misquamacut.

Suckquansh,

Shawattock,

Totanomans,

Wannumetonomcy,

Wegnakaunut, •

agreement between Miantonomi
and the sachems, and Governer
Coddington, _• •

agreement with the sachems of, to

be recorded,

Neale, Henrj,

Newport, * . .

Ninecraft,

Nineganett,

Ninegret, the cause of the Indian
troubles 296,

mortgages lands to Maj. Atherton,

Newport colony, separation from
Portsmouth, note on, . . . .

original records of settlement on
Rhode Island retained by, . .

to pay £4 for the killing of a wolf,

beginning of the records of April,
1639,

names of the first planters at, . .

4(J5

498!

296

36
297
343
454
513

138

454
454

37
450
465
498
130

5]
465

107

424
387

454
513

297
465,
452

name of, fixed, and limits of, es-
tablished, ........ 88

every servant of the first planters

to have ten acres of land, . . 88
Messrs. Clarke Jeffreys, Hazard
and Dyre to lay out the mead-
ows near, 88

home allotments in, to be four

acres. 89

committee to lay out lands, estab-
lish highways, &c., in, . . . 89
boundary, dividing from Ports-
mouth, 108

committee to run the line between, 114
boundary line between and Ports-
mouth to be opened, . . . .115
the trading houses of Narragan-
sett Bay to be at, 152

authorized to enact certain orders, 206
prison, to be the prison for the

colon}', : 212

general court: of election to be

held in, in May, . . f . . . 219
to have a magazine with arms and

ammunition, 324

falls off from the establislied gov-
ernment , 233

letter to be sent to, from Provi-
dence and Warwick, .... 239

committee to carry letter to, . . 239
letter from, to Providence Plan-
tations, witli propositions for a
compromise, ....... 259

letter from Providence Planta-
tions to, in reply to foregoing, 258
to build prison for the island, . . 310

prison erected in, 391

general court at, 220, 228, 263, 273,
353, 436, 508, 511
proportion of money to be con-
tributed bv, to send to John
Clarke, 444, 446, 481, 496, §06, 507

Keedham, William, 91

Negroes, perpetual slavery of, pro-
hibited, 243

Nenekealah, sachem, confirms sale
of lands to inhabitants of Provi-
dence, 36

Nipmucks subject themselves to

Massachusetts, . . . .40,460

Niswosakit, 39, 460

Nixon, Nickson, Mr. [John], 505-7,

513

Northup, Stephen, 387

Norton, Humphrey, sent from Ply-
mouth, • 379

Norvell, Increase, secretary, letter

to Roger Williams, .... 133

Nucauj an Indian, 451

Nyantecutt, land at ordered pur-
chased of the Indians, . . . 418

GENERAL INDEX-

539

Nyles, Nicholas,

Oldham. Mr., Prudence Island given

to,

Officers, engagement of, ... .
Oleron, the maritime laws of, to be

in force, 151

Olnev, Olneye, Thomas, 299, 320, 325,
" 340, 353, 395, 407, 468, 482, 514
land conveyed to, by Eoger Wil-
liams, 1638, 20

receives a home lot in Providence, 24
signs the first conjpact, .... 31
testimony of, in relation to lands

purchased of Osamequin, . . 33
one of the committee to form a

government, 42

general assistant for Providence, 242,

27.3, 303, 336, 467

commissioner for Providence, 245, 265,

316, 326, 327, 337, 345, 366, 394,

408,447,468,480,501.

opposes the authorities, . . . 307

Olney, Thomas Jun'r, . . . .299

witnesses deed, 1660, .... 36

town clerk of Providence, ... 41

commissioner and assistant for

Providence, .... 209, 216, 235

Olney, Epenetus, 387

Ordinances to be read and made

known by beat of the drum, . 274
Ousamequin, chief of Pokanoket,
his friendship for Roger Wil-
liams at Plymouth, .... 26
deed from, to Roger Williams and
the inhabitants of Providence, . 31

300

refuses to sign the above deed,

testimony of Gregory Dexter and

Roger Williams in relation to

the purchase of lands of, . .

permits the English to use grass

and trees at Powakasick,

has leave to kill ten deer within

the limits of Portsmouth, . .

shall take his deer to Portsmouth

and leave the island, ....

Paine, Pane, Anthony, ....

Paine, Arthur,

Paine, John, 72, Jl

Painter, Thomas, .... 24, 301

Palmer, George, ^^-^

Palmer William, 455

Palmer, Elihu, 45/

Parker, George, gets into a frolic at

Portsmouth 60

released from payment of lands for

services rendered, 8o

admitted an inhabitant of Aquid-

neck 91, 100

. at Newport, . • • lU, 126, 127, 300
suspended till he gives satisfac-
tion for his offence, • • HJ? 1^*

general sargent, . . .303,325,336

death of, ■•■■■■■• ift,
petition from widow of, . . . • oii^

Parker, John, ^^^''^ai

Parker, William, J-

Parr ant, Anthony, "tm

Partridge, Captain, committee on

the estate of, .... . • 275
Partridge, Alexander, . . . ^OJ, 301

Paspatanage, _ • 450

Patent for the island, &c., commit-
tee to petition for, 1^5

Paukanawket,

Pawcatuck, for references to, see
Southertown and Pequot country
river, land east of, not a portion

of the Pequot country, . . . <
proceedings of commissioners re-
lating to,

Pawtucket, lands near, purchased of

Ousamequin,

bounds of lands near, purchased

of Canonicus,

Pawtuxet, letter of Roger Williams

relative to the bounds of, . •

the general officers to write to, to

choose the government, . • •

letter sent to, about subjecting to

the colony, ..... 218, 219
case against for a riot, . . • • --'^2
meeting of the general assembly at, 239
letter of Roger Williams to Mas-
sachusetts relative to difficul-
ties in, 322

difficulties at, to be settled by ar-
bitration, 339

Roger Williams' letter in relation

to difficulties at, 341

bill from, presented and read, . . 366
robberies committed by Indians in, 405
Pawtuxet river, committee to report

plan for building bridge over, . 430
Peage, price fixed of, . • • 217, 400

low price of, ' • 474

Pearce, Richard, ^87

Peckham, John, .... 92, 111, 301
Pequot Indians, complaint to Ply-
mouth of encroachments on them, 451
Pequot country, claim of Mass. to, . 451
protest of the Indians relative to, 454
papers relating to transactions in, 455

39
153

456
457

rela-

claim of Connecticut to,

letter from Roger Williams
tive to the jurisdiction of, . .

arrests by Massachusetts of per-
sons in, •

letter from Massachusetts rela-
tive to the iurisdiction of, and
arrests in, \ . . .460,461,462

order of the general assembly re-

457

455

640

GENERAL INDEX.

lative to, 463

letter to Massachusetts in reply,
relative to, 469

does uot iuclude land east of
Pawcatuck river, 469

second letter to Massachusetts in
relation to, 493

proceedings of the commissioners
of the United Colonies relative to, 498
(see also Southertown.)
Perjury, laws of 1647, relating to, . 181

persons convicted of, to be put in
the stocks and fined, .... 228

Perran, Henry, 302

Perrie, Henry, 303

Perry, Richard, 313

Pessicus, act of submission from the

Narragansetts, 134

letter to Massachusetts, . . . 136

permitted to gather chestnut rinds

on Rhode fsland, 225

Pettaquamscutt,Petacomscot, juris-
diction of, claimed by Massa-
chusetts, 462

leave granted to settle at, . . . 474

Pier son, Mr., 500

Plymouth, the governor to write to

about the main land grass, . . 103

renews dispute before the com-
missioners in regard to juris-
diction, 233

answer of Capt. Morris's letter to, 314

letter to be written to, relative to
grass, 319

claimsjurisdiction over Hog Island, 273

letter to, in reply to the claim of, . 373

sends Quakers to Rhode Island, . 379

commissioners to treat with, rela-
tive to Hog Island, . . . .409

letter to, from Rhode Island, rela-
tive to Hog Island, 410

letter from, read in thn assembly, 420

letter in reply to the above order-
ed written, 420,430

letters from, to remain in Mr.
Arnold's possession, .... 431

letter from, relative to the juris-
diction of the Pequot country
claimed by Massachusetts, . . 451

letter to, from Roger Williams,
relative to the Narragansett

country, , . 460

Pocasset, commissioners to treat

with, 94

Poole, Edward, 91

Poor, laws of 1647, regarding, . . 184

order relating to, 227

Porter, John, 53, 54, 56, 59, 60, 62, 63,
71, 82, 100, 300, 393, 427, 429, 444,
447.

signs compact at Portsmouth, 1638, 52

to aid in surveying lands, ... 64

land granted to, 77

to see Newport men about lands, 73
assistant, 101, 120, 112, 120, 219, 408,
48G
excused from training on paying

sixteen shillings a year, . . . 335
commissioner, 355, 366, 419, 428, 447
Portsmouth, records of the town of, . 45
agreement of the body politic at,

1638, 52

names of the first settlers of, . . 52
Wm. Coddington elected judge of, 52
none received as freemen of, who

do not submit to the government, 53
meeting house of, where to be

located, 54

allotment of lands to certain in-
habitants of, 55

town of, to be builded at the

spring, 53

meeting house ordered to be set

on the neck, , . 54

laud for, to be laid out by John

.Coggeshall and John Sanford, . 54
house lots in, to be laid out, and

three acres given to each house, 61
home allotments in, to bo laid out, 64
compact signed at, April 30, 1639, 70
committee to lay out lands in, 70, 109
name of, agreed upon, .... 72
to pay twenty shillings for the

killing of a wolf, 85

division line of, 108

magazine for arms and ammuni-
tion in, 223

withdraws from the established

government, 233

letter from Providence Planta-
tions to, 258

to pay Newport towards building

a jail, 310

amount contributed by, for John
Clarke, agent, 444, 446, 481, 496,
506, 507
general court held at, 147, 316, 336,
345, 366, 419, 427, 447
Potawomet, deed of, from the In-
dians to Randall Holden and

Ezekiel Holyman, 131

land to be purchased of the Indi-
ans at, 424

Potawomuck neck granted to Major

Atherton, 464

Potter, Abel, bound to Wm.Baulston, 85
Potter, Robert, . . .70,91,136,314
surveyor of highways, .... 72
disfranchised and name struck off

from the roll, .... Ill, 119
to bo arrested if he come upon the
island armed, 123

GENERAL INDEX.

641

one of the grantees of the town of

Warwick, 130

assistant, ' . 210

commissioner for Warwick, 235, 245,
314

Potter, George, 70, 91

Potter, Nathaniel, 70, 91

Potter, Elisha R., his History of

Narrangansett, quoted, . . . 451

Power, Nicholas, 299

Powtuck, Powatuck, . . . 454, 466
Pleaders, law of 1647, touching, . 200
l^ray, Richard and Mary, apply for

a divorce, 503

Presentments against William Cod-

dington not to be prosecuted, . 333
President and assistants to be con-
servators of the peace, . . . 192
to sit as chief judge in courts of

trial 194

to be fined £5 if he refuse to serve, 217
President regent, Jeremy Clarke, . 213
Prince, Thomas, Governor of Ply-
mouth, letter to, 374

commissioner, letter from, . 376, 500
letter from, relating to the Pequot

country, 451

Prison to be built on R. Island, 1638,59, 65

Prisons, each town to provide one, . 218

and cages, order relative to, 335, 391

insufficiency of, in the colony, . 391

Private petitions to the assembly to

be taxed, 224

Privateers commissioned against the

Dutch by Newport, &c., . . 265
remonstrance of Providence in
consequence of do., .... 267
Prizes taken — committee to take

charge of and account for, . . 265
jurors for the trial of, .... 266
money in Mr. Easton's hands to
be secured, .... 387, 389, 425
Probate of wills, law of 1647, re-
garding, 188

Process of law against general officers, 359
Profane swearing, how punished, . 314
Providence, early records of, sup-
posed to have been lost in the
sacking of the town in 1686, . 12
earliest record of, in 1636, ... 12
first treasurer of, appointed in

June, 1636, 13

agreement of the first settlers of, .

1636, 14

names of the twelve associates to
whom Roger Williams conveyed
the lands bought by him of Ca-
nonicus and Miantonorai, . . 20
■ report of arbitrators at, with pro-
posals for a form of govern-
ment, 277

deed of land between Pawtucket
and Loqusquscit to, hy Osame-
quin, chief of Pawcanoket, . . 31

lands purchased by, confirmed to,
by Caujaniquante, successor of
Canonicus and Miantonomi, . 35

lands purchased by. confirmed by
Cussuckquanth and Nenekea-
leh, chief sachems, .... 36

lands purchased by, further con-
firmed by Scuttape and Que-
quaganewet, grandsons of Ca-
nonicus, . 37

bounds of, letter of Roger Wil-
liams in relation to, ... . 39

reply of, to the above letter, . . 40

instructions from, to the commit-
tee to meet at Portsmouth, May ,
1647, to form a government, . 42

court of election in May to be held
at, 149

charter of the town of, 1647, . .214

magazine for arms and ammuni-
tion in, 223

assistants from, reunite with New-
port and Portsmouth, .... 265

letter from Roger Williams to, in
1654, on the state of the colony, 351

meeting of the general court of
commissioners, or assembly, at, 208,
223, 235, 245, 258, 267, 303, 405
407, 501, 504.

may buy a little more land of the
Indians, " seeing they are strait-
ened," 418

amount to be contributed by, to
send to John Clarke, 444, 481, 496,
506
Providence Plantations, patent or

charter of, 1643, 143

the government of, declared to be
democratical, 156

first code of laws of, passed 1647, 156

laws of, to accord with the laws of
England, 158

letter to the towns of Portsmouth
and Newport, ...... 258

letter with propositions from New-
port to, for a reconciliation, . 259

remonstrance of, against the pro-
ceedings of Newport and Ports-
mouth for commissioning pri-
vateers, 268

api^oints a committee to confer
with the dissenting towns, . . 273

articles of agreement for re-unit-
ing the four towns of, separated
in consequence of Mr. Codding-
ton's commission, 276

letter to, from Sir Henry Vane, . 285

letter from, to Sir Henry Vane, . 28

542

GENERAL INDEX.

letter to, from Oliver Cromwell, . 316
letter from Roger Williams, presi-
dent of, to Massacliasetts, about

Warwick affairs, 341

Prudence Island, bought by Roger
Williams and Governor Win-

throp, 45

first given to Mr. Oldham, ... 46
Public letters and documents not al-
lowed to be copied, .... 426

Pumhom, Pomham, 131

a messenger sent to, to bring him

to court, 218

warrant sent to, to bring him be-
fore the court, 328

committee to treat with, . . . 328
letter from Roger Williams to

Massachusetts, in relation to, . 341
complaints against, for depreda-
tions in Warwick, 391

causes a riot in Warwick, . . . 405
ordered to be arrested, .... 405

Pyke, Robert, 387

Quakers, letter from the commis-
sioners of the United Colonies

concerning, 374

reply from the government of R.

Island to the above, .... 376
letter from the general assembly
in reply to the commissioners, . 378
Quanuanoue, the same as Canonicus, 37

Quequatuck, 450

Quequaganewet, grandson of Canon-
icus confirms the sale of lands
to Providence people, ... 37
letter of Roger Williams in rela-
tion to, 39

Quequakanut, 454

Quequegusewet, 454

Quick, William, 91

Quissuckquanch, brother of Mianto-

nomi, .... 36, 402, 512, 513
articles of agreement with, to be

recorded, 424

fails to pay money due by him, 425,
430

Quononagutt Island, 403

Ralph, Thomas, permitted to buy

land of the Indians, .... 483
Rape, law of 1647, regarding, . . 173
Rates levied, . . 384, 395, 422, 426
Rates if unpaid, may be distrained

for, 422, 481

Ordered to raise £200 for John

Clarke, 481

Rawson, Edward, Secretary of Mas-
sachusetts, . .461,463,492,516
Rebellion, law of 1647, regarding, . 162
Recorder to write out the colony

records, 312

duties of, 195

Records, books and papers, penalty

fgr retaining, 205

to be inspected and perfected, . 275
Redick, Reddarke, Henry, commis-
sioner, 288, 299, 326

Reeve, widow, 24

Rehearing after judgment, law relat-
ing to, 357

Religious liberty, order of Roger
Williams and of the town of
Providence in relation to, 1637, 16
claims for, in the proposals of the
arbitrators to form a govern-
ment at Providence in 1640, . 28
no one to be declared a delinquent

for doctrine, 113

allusions to in reply of the gener-
al assembly to the charges
against the Quakers, .... 378
Representative court, appointment of, 229
Rescuing from an oflicer, law of 1647, 168

Rero, Edward, 92

Reynolds, William, among first set-
tlers of Providence, . .14,15,24
signs the first compact at, ... 31
Rhode Island, first government of,
in 1647, instructions of Provi-
dence committee in relation to, 42
purchase of the island of, from

the Indians, 44

(see also Aquidueck.)
articles given the Indians for the

sale of, 48, 49

every family on, to have a mus-
ket, powder, ball, sword, &c., . 54
two shillings to be paid for each

acre of land taken on, ... 56
each inhabitant admitted on, to

to pay two shillings, .... 56
prison to be built on, 16-38, . . 59
inhabitants of, admitted 1640, . . 91
the chief magistrate of, to be call-
ed governor, 100

William Coddington chosen first

governor of, 1640, 101

government of, in 1641, declared

a democracy, .112

so named in 1644, or Isle of Rhodes, 127
letter to Massachusetts in rela-
tion to the submission of the

Narragansetts, 138

Rhodes, Rodes, Roades, Zackery, 323,
355, 387, 438, 444, 446, 482, 507
commissioner for Providence, 393, 419,
437, 492, 504, 508
Rickard, Geo., among the first set-
tlers of Providence, .... 14
receives a home lot in Providence, 24
Richardson, Richenson, William, 70, 91,

301
Amos, Amese, . . . 461, 464, 466

GENERAL INDEX.

543

Richmond, John, Sen'r, . . 333, 359
Eichraond, Edward, . . 348, 349, 360
Riots and unlawful assemblies, law

of 1647, against, . . . 169,192
Robbery, law of 1647, regarding, . 167
Roberts, Thomas, . . . .299, 326

commissioner, . 337

Robinson, Anthony, gets into a frolic, 60

Robinson, Edward, 301

Rogers, James, 92, 108, 110, 126, 275,

301, 353, 424, 427, 431, 436, 439,

457, 467, 504.

solicitor general, . . . 353, 386, 408

petition concerning Askomicutt, . 449

Roome, John, at Portsmouth, 1639, 70,

81, 91, 100, 300, 305, 307, 309, 311,

313, 315, 328, 334, 353, 393,444,447.

land granted to, 82

at Newport, Ill, 265

commissioner for Portsmouth, 276,
281, 304, 316, 326, 327, 337, 419,
437, 447.
assistant for Portsmouth, 282, 303,408

Root, Robert, 92

Saberny, Thomas, 48

Salter, Sampson, 92

Sand, Sands, James, land granted

to, in Portsmouth, . . \ . 77,83
other references to, . . . 300, 355
Sand, John, land granted to, in

Portsmouth, 80

Sanders, Tobias, .... 301, 303
arrested by Massachusetts in Sou-

thertown, 455

narrative relating to do., . . . 456
fined and imprisoned by Massa-
chusetts, 462, 494

defence of, in letter from R. Island, 470
Sanford, Samford, John, 53, 54, 56, 58,
59-62, 80, 100, 111, 300, 328, 331,
350, 374, 384,421, 433,435, 439, 444,
467, 474, 482, 505.
commissioner for Portsmouth, 326,
327,337,354, 366,394,408,419,428,
429, 431,468,480,492,501.

for Warwick, 345

signs compact at Portsmouth, 1638, 52
recorder, 48, 49, 131, 353, 386, 408,
427, 436, 467
to lay out land, 54, 73, 85, 102, 109
land allotted to, on Rhode Island, 54,
73, 109

to repair highways, 57

chosen constable, 101

do. lieutenant, 127

do. assistant, . . . 148, 216, 336

do. president, 264

do. clerk, . . 337, 345, 387, 404

" do. committee on prizes taken, 265

do. general treasurer, 303, 336,

353, 386, 408, 427

letter to Capt. Denison and Thom-
as Stanton, on Indian affairs, . 361
acquitted of charges presented by

William Coddiugton, .... 385
official letters of, 396, 409, 410, 420

general attorney, 504

Sanford, John, Jr., .... 263,300

Sanford, Samuel, . . . . . .387

Sargent and his duties, . . .65, 197

fees of, 122

Sarle, Richard, 91

Savage, Thomas, at Portsmouth, 1638, 52

Savorie, Thomas, 92

Sawell, Richard, 49

Sayles, Sailes, John, 299, 311, 404, 405
commissioner, . 304, 354, 408, 419

assistant, 262,267,271

Sayerj widow, 24

Scolds, to be punished with the

ducking stool, 185

Scott, Richard, at Providence, in

1636, 14

receives a lot in, 24

signs compact at, . . . 31,299
Scuttape, Scutabe, confirms sale of

lands purchased of Canonicus, . 37
protests against Samuel Wilbore, 454
mortgages land to Maj. Atherton, 465
Sears, Jane, [probably same as

Sayers, above,] 31

Sea banks free to all for fishing, . 99
Seal of the colony, 1639, a sheaf of

arrows, 115

1647, an anchor, 151

presented by William Dyre, . . 213
received from John Clarke, . . 436
Secretary to attend general and

quarter session courts, . . .110
fees to be the same as in England, 122
has power to sue for money due

the treasury, 104

on committee to petition for pa-
tent, 1640, 125

Servants not to be discharged with-
out cause, ...!'... 182
Shawomet, deed of, fi-om Miantonomi, 131
letter from the owners of, to Mass., 140

neck, 391

Shaw, Thomas, 455

Shawattock, an Indian, .... 498
Shearman, Phillip, one of the sign-
ers of the compact at Ports-
mouth, 16.38, 52

at Portsmouth and Newport, 53, 54
58, 61,63, 100, 110,300,442
one of committee to lay out lands

in> 71, 102

has two hundred acres of land, . 73
general recorder, . . . 209, 217, 220
the records demanded of, . . . 236
commissioner for Portsmouth, . 337

544

GENERAL INDEX.

Sheffield, Frederic, 300

Sheffield, Joseph, at Portsmouth,

1643, 76

Shelbourne, William, 76

Shephard, George, 387

Shotten, Sampson, . . . 70, 91, 100

disfranchised, Ill, 119

to be arrested if he comes armed

upon the island, 123

one of the e;rantees of Warwick, . 130

Slaid,Slade, Thomas, 72

William, 426

Slander, laws of 1647, regarding, . 184

against England to be punished, . 228

order for the punishment of, . . 246

false charges counted as, . . . 334

Slavery of negroes, act to prevent, . 243

Slocum, Giles, 300

Sloffe, John, 70,91

Slowe, Thomas, 299

Smith, Christopher, 299

Smith, Edward, . .263,275,301,422

assistant for Newport, 273, 303, 405,

408

commissioner, 304, 316

Smith, James, 464

Smith, John, 92, 111, 242, 243, 245, 301,

302, 333, 444, 447, 468, 482

receives a home lot in Providence, 24

on committee to form a government, 42

assistant, 209, 210

president, 216, 242

commissioner, 235, 241, 245, 360, 437,
408, 480, 492, 501

appeal of, 202

letter from the recorder to, . . 250
charge against, for misdemeanor, 262
Smith, Richard, .... 38, 92, 430
Smith, Richard, Sen'r, grant of land

to, by the Narragansett sachems, 464
mortgage of the Narragansett

country to, by the sachems, . 465
confirmation of title to Narragan-
sett lands by King Charles, 2d, 466

Smith Richard, Jun'r, 38

grant and mortgage of lands in

the Narragansett country to,

from the natives, . . . 404, 465

threats of, in relation to Hog

Island, and action of general

assembly upon, 422

Smith, Samuel, 60,457

Smyth, Edward, . . 387,409,417,419
Smyth, John, commissioner for Pro-
vidence, 419

commissioner for Warwick, 409, 427,
432

Smyth, John, Miller, 387

Socho, or iSosoa, an Indian, . . . 450
Sodomy, laws of 1647, regarding, . 172
Solicitor general to be chosen, and

his duties, 226

Southertowne, testimony of Gookin

relative to transactions at, . . 455
warrant from Massachusetts to

make arrests in, 455

letter from Massachusetts to E.
Island relative to the jurisdic-
tion of, and connected with cer-
tain arrests at, ... . 460-402
order of the general assembly of

Rhode Island, relative to, . . 463
proceedings of the commissioners
of the United Colonies relating to , 498
(see also Pequot country.)

Sowhomes Bay, 130

Spencer, Mr., land granted to, . . 59

Spicer, Thomas, . . 70, 91, 110, 120

to receive monies for lands sold, . 71

chosen surveyor of highways, . 72

to lay out lands in Portsmouth, . 102

Spinke, Robert, 301

Stafford, Thomas, .... 92, 302
Stanton, Stainton, John, .... 500

Thomas, 465, 498

letter to, relative to Uncas and

the affairs at Pequot, .... 362

Robert, 60, 66, 70, 91, 95, 111, 127,

301, 450, 457

John, _ ... 500

Staples, W. R., note on a meeting of
the general assembly at War-
wick, 1694 214

on the supposed discovery of a

gold mine, . 214

note relative to Coddington's com-
mission, 233

Stealing by the Indians, punishment

for, 412

Stevens, Henry, 212, 349

Stevens, Elizabeth, 349

Stocks and whipping post, erected

at Portsmouth, 58

do. Newport, 1639, ... 92, 302
Strainge, Strange, Lott, . 395, 504, 508
Strangers, order relative to, . . . 307
Striking in court, penalty for, . . 321
Subados, Capt., Campa, petition of, 346
Sucklinge, Thomas, . . . 299, 387
Suckquans, an Indian sachem, to bo

arrested, 441

Suckquansh, mortgages lauds to

Atherton and others, .... 465
Sugar Loaf Hill, S^uth Kingstown,

visit of Roger Williams to, . . 26
Subpoenas, to be paid for by those

obtaining them, 334

Summonses and writs, order relat-
ing to, 275

Sussell, Richard 263, 300

Sutherland, Mathew, 91

Sweet, Sweete, Mary, in Provi-

GENERAL INDEX.

545

deuce. 1636, 15

Sweet, Johu, receives a lot in Pro-
vidence, 1638, 24

commissioner for Warwick, 272, 302

for Newport, 432

permitted to buy land of the In-
dians, 483

Sweet, James, 386

commissioner for Warwick, 267, 272,
302, 419
commisioner for Providence, . . 366
permitted to buy land of the In-
dians, 483

Swine, orders relative to, 67, 68,117, 151
Taber, Tabor, Philip, 300, 336, 431,
447, 504, 505, 508
Taccomanau, deed of Potawomut

from, to R. Holdeu and others, 131
Tallman, Peter, .... 302, 437, 468

commissioner, 447, 468

Tarr, James, 59,91

Taylcott, John, 376

Taylor, John, commissioner for Pro-
vidence, 277

Taylor, Eobert, 30

Taverns, not to be kept without

license, 185, 280

Taxes to be fixed by the court of

commissioners, 306

penalty for not assisting in col-
lecting, . . : 306

Teft, Tift, John, 300

Tenure of lands on Aequidneck. . 116

Testimony, orders relative to, 227, 332

Tew, Richard, 265, 301, 358, 393, 427,

444, 507

commissioner for Portsmouth, 278,

281

commissioner for Newport, 354, 366,

428, 492, 501, 504

assistant for Newport, 353, 408, 467,

504

commissioner for Providence, . . 508

Thornton, John, 301

Throckmorton, John, . . 17, 24, 299

land conveyed to, by E. Williams, 20

Thurston, Edward, .... 301, 507

commissioner for Providence, . 504

Ticknor, John, of Nashaway, . .264

Tillinghast, Pardon, 387

Timberlake, Timberleggs, llenrj^, 127,
333, 501

Titicutt, 57

Todd, Walter, .... 365, 420, 482

commissioner, &c.,239, 250, 258, 302,

337. 354, 366, 501

Torrey, Joseph, 263, 275, 285, 301, 331,

334, 339, 355, 417, 419, 421, 444,

. 446, 448, 482.

general recorder, 273, 436,439,463,
467, 595, 513

commissioner for Newport, 316, 327,

337, 409, 419, 437, 468, 480, 492,

501.

commissioner for Providence, 431,

447, 504, 508

solicitor general, 408

petitions concerning Askomicott, 449

assistant, 504

Tomanicke, 136

Tooley, Thomas, 301

Totanomans, deed of Shawomut from, 131
ToAvns, provision for the recovery

of duos from, 424

allowed three months for repeal of

a law, 429

Town courts to try certain cases first, 237
Town magistrates may commit to

prison in certain cases, . . . 424
Townsend, John, commissioner, «fec.,

from Warwick, 239, 250, 258, 278,
281, 302.
Townsend, Richard, commissioner,

&c., from Warwick, 239, 250, 252,
258, 278, 281, 302, 326, 327, 409.
other references to, . . . 444, 496
Townsend, Henry, commissioner,

&c., for Warwick, . . 267, 272, 302
Train band shall choose its own offi-
cers, 93, 115, 121

to be trained by Robert Jefferies, 93
to be exercised eight times every

year, 104, 121

laws relating to, 154

Training days, to be ordered by

William Brenton 80

all men to appear armed on, . . 104
orders in relation to, . 120, 370, 402
Mr. Porter excused from, by pay-
ing sixteen shillings a year, . 335
Traitors, law of 1647, regarding, . 199
Treason, law regarding high and

petty, 160

Treasurer, colony, duties of, 1647, . 197
Treasury, report of the committee

upon, 1641, 119

Trespass , definition of law of 1647, 175

to compose, , . 361

Trippe, Jolm, at Portsmouth, 70, 91,
300, 309, 311, 320, 345, 482

land granted to, 79

assistant from Portsmouth, 210, 281

commissioner for Portsmouth, 304, 316,

437, 447, 480, 492, 501

Turner, Lawrence, .... 302, 356

Tyler, Tiler, Job, 92

widow, Joan, 24, 31

Uthank, Unthank, Chris., . . ,302
receives a toAvn lot in Provi-
dence, 24

signs the first compact in 1640, . 31
Uncas, .362

646

GENERAL INDEX.

Underhill, Captain Johu, commis-
sion to go against the Dutch, . 266
Ussell, Richard, .... 849, 359, 360
marriage of, with Abigail Davis
declared unlawful, .... 365
Vane, Governor, Roger Williams

writes to, in July, 1636, ... 13
Verin, Joshua, one of the first six

settlers of Providence, ... 17
act against, for breach of covenant, 16
account of the above, by Governor

AVinthrop, 16

claims ownership of a part of

Providence, 17

receives a home lot in Providence, 24
Venison, men to trade with the In-
dians for, and price of, fixed, . 62
Vaughan, Valium, John, has a frolic

at Portsmouth, 60

an inhabitant of Newport, . . 92, 301

William, 301,450

petition of, concerning the pur-
chase of Askomicutt, .... 449
Vane, Johu, land granted to, in

Portsmouth, 72

Vane [Sir Henry], to be written to,
on the state of the colony, and
treat about procuring a patent

for the Island, 94

application to be made to, for a

patent or charter, 125

signs patent of Providence Plan-
tations, 1643, 146

letter of thanks to be sent to, by

the colony, 283

letter from, to Providence Plan-
tations, 285

letter from Gregory Dexter, town

clerk, to, 289

Vaulston, Thomas, 301

Votes, order to prevent the corrup-
tion of, 217

Waite, Thomas, lot granted to in

Portsmouth, 72, 111

Walker, John, 53, 54, 56, 61, 62, 63, 100,

110
at Portsmouth, 1638, .... .52

grant of land to, 72

Wall, John, to lay out lands, 1639, 71

Waller, Mathew, 299

receives a lot in Providence, . . 24
signs compact at Providence, . . 31
Walline, Walwin, Thomas, . 544, 365
Wampaminaquitt, an Indian, . . 49
Wanamataunewitt, a sachem, . . 47
Wanasquatucket lands, .... 41
Waniminatoni, an Indian, ... 49
Wannumenetonomey, a sachem, . 51
Wapewasik, opposite Portsmouth, . 33
Warner, John, . . 130, 135, 140, 216
among the first settlers of Provi-

dence, 14, 24

one of the arbitrators to form a

government, 27, 31

Priscilla, case of, 243

Ward, Warde, Thomas, . . . .300

Marmaduke, . . 92, 108, 110, 301
Warwick, Robert, Earl of, signs the i

patent of Providence Planta- ]

tions, 1643, 143 j

and others, commissioners, letter |
to Massachusetts, relative to ■
Rhode Island affairs, .... 367 i
Warwick, particulars of the settle-
ment of, 129 <

exercised no powers of govern-
ment previous to 1644, . . . 129

record of the first town council of, 130

deed of, from Miantouomi, . . . 130

to have the same privileges as
Providence under charter of
1643, 148

letter sent to Massachusetts in
relation to 209

to have a powder magazine, . . 224

assistants from, re-unite with
Newport, 265

to build a prison for itself and
Providence .360

letter of Roger Williams to Mas-
sachusetts in relation to, . . 322

bill of the town of, against Rich-
ard Knight, 334

letter of Roger Williams to Mas-
sachusetts in relation to the
difficulties at. 341

general assembly meet in, 2J6, 241,
250, 271, 278, 281, 325, 386, 394,
404, 431, 463, 467, 492

complains of depredations by Pum-
ham, 390

shall provide an ordinary, or pay
a fine of £10, 400

amount contributed by, to send
to John Clarke, 444, 446, 481, 496,
506

robbery by the Indians in, . . 406

Way, George, 387

Wayunckeke 39

Waterman, Richard, . .328, 404, 405

land granted to, at Providence in
1636, 15, 17

transfer of land to, by Roger Wil-
liams, 1638, ....... 20

receives a town lot in Providence, 24

signs first compact at Portsmouth, 31

on committee to form a govern-
ment, 1647, 42

deed of Warwick to, 130

commissioner from Providence,
&c., 241, 245, 299, 304, 327, 337,
345, 394

GENERAL INDEX.

547

Waterman, Thomas, . . . 302, 303

Weaver, Clement, 301

Weaver, Clement, Jr., 3Ul

Webb, George, 451

Weecapaug, 45l)

Weeden, James, 301

Weeden, James, Sen'r, . . 209,300
Weeden, James, Jua'r, .... 301
Weeden, William, .... 301, 482
commissioner, . . . 409, 4G8, 480
Wegnakaunut, a sachem, .... 465
Weshaganesett, a sachem, ... 48

West. John, 301

WestMathew, 301,316

West, Robert, . . . 24, 31, 128, 299
Westcott, Wascote, Westkott, Wes-

coate, Stukeley, . . 31, 313, 314

receives land in 16.38, . . . 19, 24

signs compact in Providence, . . 31

commissioner for Warwick, 235, 239,

250, 258, 2G2, 2G7, 272, 302, 304,

432

Jeremy, 132

Amos, 302, 328

Eobeit, . . 252,274,302,417,419

charge against, 420

suspended as commissioner, . . 420
Weston, Francis, among first set-
tlers of Providence, .... 15

grant of lands to 17,20,24

deed of Warwick to, 130

Weston, Mathew, 24

White, William, ....... 387

'Whitman, Valentine, . . . 387, 46G
Whoredom, complaints made by

Cromwell about, 318

action of court in relation to, . . 318
Whoremongers, law of 1647, re-
garding, 173

Wickes, Weekes, Weeks, John, 91, 212,
302, 328, 334, 353, 430, 438, 444,
446, 468, 482, 496, 505.
at Portsmouth in 1639, .... 70
to be arrested if he conies upon

the island armed, 124

deed of Sh'awomet or Warwick to, 130
commissioner of the Narragansett

sachems, 135

assistant for Warwick, 220, 336,408,

436

commissioner for Warwick, 235, 241.

245, 316, 326, 327, 337, 3.54, 366;

358, 420, 428, 432, 437, 446, 468,

480, 492, 501, 504, 508.

case of Wm. Harris, referred to, 363

vs. Mr. Field, case of, . . 503, 507

Francis, among the first settlers

of Providence, 14, 15

receives a town lot in, .... 24

signs first compact in, .... 31

Wickenden, William, . . 299, 301, 305

among first settlers of Providence, 14,

signs first compact in, .... 31

on committee to form govern-
ment, 1647, 42

commissioner, 209, 235, 239, 211, 250,

258,267, 277,281, 304

Wilcoeke, Wilcocks, Daniel, . . . 76

Edward, 91

Stephen, 387

Wilkinson, Lawrence, 387

Willett, Captain [Thomas], to ad-
just dispute about Hog Island, 374,
390, 466
Wills, probate of, law of 1647, re-
garding, 188

Wilbore, Wibour, Wilbor, Wild-
. bore, Samuel, 53, 54, 56, 58, 59, 61,
62, 63, 78, 97, 100, 110, 113, 127.
300.

signs the compact at Portsmouth,
1638, 52

elected constable, 1638, .... 65

land granted to, 67, 75

fire arms to be bought, .... 113

commissioner for Portsmouth, 326,
327,366,408,428,492,501

complaints of the Pequods and
Narragansetts against, for en-
croachments, . . . . . . 451

protest of the Narragansetts a-
gainst, for taking certain lands
at Point Judith, &c., . . . 454

Samuel, Jun'r, .... 85, 127

assistant 210, 300

Williams, Ptoger, 299, 311, 317, 32,J, 325,
326, 336-339, 348, 349, 409, 442.
445, 446.

letter of, to Governor Vane, from
Providence, July, 1636, ... 12

facts fixing the time of his arrival
in Providence, 13

notice of the banishment of, from
Massachusetts, 13

builds and plants at Seekonk, . 13

order that no one should be mo-
lested for conscience, .... 16

deed of land at Providence to, from
Canonicus and Miantonomi, 1637, 18

memorandum in, 1639, confirma-
tion of do., 18

initial deed from to his associ-
ates, of lands purchased of Ca-
nonicus and Miantonomi, . . 19

second memorandum from, to his
associates made in lJ66, ... 20

agreement of, with his associates
for a division of lands, 1638, . 20

confirmatory deed of lands trans-
ferred to his associates i.i 1638,
given in 1661 22

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